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Landlord Refusing to Do Repairs in Free State

In Free State, landlords are legally required to maintain rental properties in a habitable condition. If your landlord refuses to carry out essential repairs, you have a right to complain to the Rental Housing Tribunal at no cost.

The Law That Protects You

Rental Housing Act 50 of 1999 — Section 4(5)(a)
A landlord must maintain the dwelling in a good state of repair and ensure that it is fit for human habitation throughout the lease.
Rental Housing Act 50 of 1999 — Section 13
Either party to a lease may lodge a complaint with the Rental Housing Tribunal regarding an unfair practice, including failure to maintain the property.

What To Do — Step by Step

  1. Step 1. Report the defect to the landlord or agent in writing (email or WhatsApp with read receipt). State the problem clearly and give a reasonable deadline (usually 7–14 days).

  2. Step 2. If no response, send a formal written demand noting that you will escalate to the Rental Housing Tribunal.

  3. Step 3. Lodge a complaint with the Rental Housing Tribunal in Free State — the service is free. Bring your lease, written correspondence, and photographs.

  4. Step 4. The Tribunal will mediate between you and the landlord. If mediation fails, a formal hearing is held and the Tribunal can order the landlord to effect repairs.

  5. Step 5. Do not withhold rent unilaterally — this can expose you to eviction proceedings. Rather use the Tribunal process.

Frequently Asked Questions

Can I deduct repair costs from rent in Free State?
South African law does not automatically allow tenants to deduct repair costs from rent without agreement or a court/Tribunal order. Doing so unilaterally can give the landlord grounds to cancel the lease. Rather get a Tribunal order first.
What counts as an "essential repair" in Free State?
Courts have held that repairs necessary to maintain habitability are essential — a functioning roof, geyser, plumbing, electrical supply, and secure doors/windows qualify. Cosmetic issues generally do not.
How long does the Rental Housing Tribunal take in Free State?
Timelines vary by province but most Tribunals aim to mediate within 30 days of lodging a complaint and hold formal hearings within 60–90 days thereafter.

Legal Resources in Free State

📋 CCMA: Bloemfontein CCMA (051 411 2700)

⚖️ Legal Aid SA: Legal Aid South Africa — Bloemfontein (051 411 8600)

🏛️ High Court: Free State Division of the High Court, Bloemfontein (051 492 4700)

🏢 Magistrates' Courts: Bloemfontein, Welkom, Phuthaditjhaba, Kroonstad, and other magistrates' courts

🏠 Rental Housing Tribunal: Free State Rental Housing Tribunal (051 403 3710)

The Free State has a large agricultural sector with significant ESTA farm worker rights issues, and Bloemfontein hosts the Supreme Court of Appeal — the highest court on non-constitutional matters.