A Property24 reader asks:
Can a landlady refuse to give you official proof that the deposit has been lodged? For example the account number, deposit lodgement slip, etc.
My landlady will only provide me with a ‘homemade’ receipt but not with an official deposit receipt from the financial institution where it is lodged. I am sure that she has not invested my money as she agreed given that she is so reluctant to supply this information. In all my mails to request this she says that she does not have to give ‘official’ proof and that the rental housing act just specifies ‘written proof’ and thereby a written receipt from her is sufficient.
Would one of your advisors be able to comment? I have lodged a complaint with the Rental Housing Tribunal for unreasonable behaviour but want to be sure of the above before I request it again at the Tribunal. She stated verbally that she would supply the receipt but I have nothing in writing.
Any advice is appreciated.
Marlon Shevelew, specialist rental and eviction attorney at Cape-based legal firm Marlon Shevelew and Associates replies:
This is a great question and one which needs clarity.
The Rental Housing Act (“the Act”), in section 5 (3) (a), provides that the landlord must give the tenant a written receipt for all payments that the tenant has made.
I would agree with the tenant’s concerns as the act clearly specifies “written receipt” and not “written proof”.
These are different concepts in my view. A receipt is more descriptive as opposed to written proof which might merely be a letter confirming that a payment has been received.
This is amplified upon in section 5 (3) (b) which states, and I quote from this subsection as follows “such receipt must be dated and clearly indicate the address, including the street number and further description, if necessary, of a dwelling in respect of which payment is made, and whether payment has been made for rental, arrears, deposit or otherwise, and specify the period for which payment is made”
Interestingly, the Unfair Practice Regulations in Gauteng go further than the Act and provides, in section 11 (2) thereof, that a landlord must furnish a receipt “even where payments are made into his or her banking account and where a deposit slip exists as proof of payment or where any other method of payment is used as agreed upon by the tenant and landlord”
This goes beyond section 7 of the Unfair Practice Regulations Western Cape which simply states that a landlord must furnish a tenant with a “written receipt for all payments made by the tenant to the landlord, in the manner prescribed in section 5 (3) (a) and (b) of the Act”
I hope that this helps the reader in considering proceeding with his complaint as the actions of the landlord are potentially an unfair rental practice which is open to sanction.
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The question posed was, whether the Tenant is obliged to receive proof of “Lodgement of his deposit with a financial institution”, this means that the Tenant wants to know if his deposit is being placed into an interest bearing account. If the tenant’s lease stipulates that he is entitled to receive interest on his deposit, then he has a right to request such proof, but if this is not mentioned in his lease then the Landlady does not have to show proof of depositing the money into an interest bearing account. - Hoosen
Thanks for your answers. The lease does state that “On termination of the lease, the LESSOR may use the Deposit and all interest earned thereon according to his discretion and shall have the right of applying the whole or a portion thereof toward ….” So there is tacit acknowledgement that it is to be lodged. Also her handmade receipt shows that it was invested in a bank account at 5.05% return. However the rental tribunal stipulates that it “must be invested in an interest bearing account” and section 5 3 (d) of said act states that the tenant can request during the period of the lease “written proof in respect of interest accrued on such deposit and the landlord must provide such proof upon request” so I think that she will be obliged to provide this official bank statement as a handmade receipt and declaration of interest earned is not proof. It is akin to submitting a written statement of earnings in lieu of an official payslip when seeking a bond. - David