REGULATING, LICENSING HOUSE RENTALS

The problem with an open market is that although it is price friendly for the customer, it runs the floor without the risk of regulations and serious implications where necessary. Anything that has too much choice becomes consumer problematic in the same length that a monopoly becomes a problem.

In my recent reflections of the housing market, a few things caught my attention and the need to bring about change in the way that society treats it has to change. The housing sector in Eswatini is far from a perfect picture and it is true that an ideal sector does not exist so every premises of business in one sector or another has its own problems.  However, it is problematic when informal systems sit at the centre of it, especially when there are no stipulations in place of who gets to be held accountable.

Ignorance

Do we call it an oversight? Or just a reflection of poor governance and ignorance to the problems faced by emaSwati? Nonetheless, the problem still exists and someone should be held accountable for it. It has become too easy for anyone to wake up and be a home rental owner, the fact that to some extent housing is treated like the exchange of almost any other commodity is concerning. There are limited protection measures for the tenant in comparison to the landlord and as a result one is often more exploited in the exchange. It is true that this informal trade in service meets exists because it meets the standards of a highly poor population and, therefore, substandard housing services will continue to exist.

For example, there will always be someone willing to take a house with mould despite the fact that it is a health hazard that will bear terrible long-term consequences because it is cheap and E600. This also means that there is someone who will take shortcuts in the building process and knowingly rent out a house with mould because they know there is someone desperate enough to take it if the price is low enough and that is the problem.

Marginalisation

At every cornerstone of the country is flats, apartments, home rentals available on a monthly basis tenants are shifting about freely because of how accessible housing is. On a small-scale this is not a bad thing because it simply reflects that there is a choice for anyone and everyone and little marginalisation for the low income earner. The large scale problem, however, is that it creates room for health and financial compromising standards, which in turn is adverse manipulation and coerced service provision. Being able to freely put anything in the market, knowing that it is not safe, poor quality, substandard and that it will not be maintained throughout the course of the stay nor is there security of the paid deposit is both reckless and criminal.

Who inspects houses put on the market for rental? I believe that to some extent there should be a permit for one to rent out a house or be a landlord? If so is this solely for the financial benefit of the State in terms through licence payments and of course renewals, or is it to protect the community from substandard housing and health hazard buildings. This would most definitely improve on the quality of housing and the perspective that landlords have towards tenants. In fact, as in my observations, there is currently an imbalance between the two parties at play and, therefore, policies need to be revisited such as deposit payments, commitment fees etc. in order to ensure that tenants are given as equally as possible a platform of respect and power as the consumer of a service they pay for. The credibility of landlords does not reflect positively in this day and age, because of the power that landlords have and that which they abuse within the same parameters of the agreement.

Liability

For obvious reasons – understandably so – a majority of landlords have resorted to a full payment deposit including rental payment before staying in a new house and this is given considering the maintenance of the house and the fact that most tenants do not take care of the spaces they occupy on rental, leaving behind much to fix when they depart which is a liability. The deposit exists for this, the problem however is that there are no policies that reinforce and ensure that landlords are honest and meet the agreement terms by paying back the deposit when the tenant leaves.

This means stating clear terms and conditions that protect both the tenant and the landlord in which failure for either to comply results to serious implications by law.
Although the police play a critical role in mediating such issues in their capacity, it does not eradicate the need for this sector to be thoroughly regulated.

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