Top Mistakes to Avoid Under South Africa Rental Law Changes
The South African rental law changes have introduced a new level of accountability for both landlords and tenants. With the revised Rental Housing Act and related legislative updates, compliance has become a key factor in successful property management.
Yet, many landlords continue to make mistakes, some of which can lead to costly penalties, Tribunal disputes, or even criminal charges. This article explores the most common pitfalls and offers practical advice on staying compliant in South Africa’s evolving rental market.
Not Having a Written Lease Agreement
One of the biggest mistakes landlords still make under the South African rental law changes is failing to provide a written lease agreement. The law now requires that every tenancy be formalised in writing, rather than a verbal agreement, while once common, no longer provides adequate legal protection.
A proper lease agreement must include:
- Full names and addresses of both parties.
- The property address and lease duration.
- Rental amount and payment terms.
- Deposit requirements and refund conditions.
- Maintenance responsibilities and inspection clauses.
Without a written contract, landlords risk losing their rights in disputes or eviction proceedings.
Skipping Entry and Exit Inspections
The updated Rental Housing Act requires entry and exit inspections. Failing to perform these inspections is one of the most common errors observed since the South African rental law changes came into effect.
These inspections must be:
- Conducted jointly with the tenant.
- Documented in writing, with both parties signing the report.
- Supported by dated photographs as evidence of property condition.
Skipping this step makes it nearly impossible for landlords to deduct costs for damages from the deposit, as the burden of proof lies on the landlord.
Not Protecting the Tenant’s Deposit Properly
Another costly mistake is mismanaging tenant deposits. The South African rental law changes stipulate that deposits must be placed in an interest-bearing account, and the tenant is entitled to receive the interest earned when the tenancy ends.
Landlords must:
- Provide written proof of the deposit account.
- Return the balance (less legitimate deductions) within 14 days of the tenant vacating, if no damage has occurred.
- Keep all deposit-related records for at least three years.
Failing to follow these rules can result in a Rental Housing Tribunal order forcing the landlord to pay double the deposit as a penalty.
Unlawful or Retaliatory Evictions
The most serious mistake under the South African rental law changes is carrying out an unlawful eviction. Evicting a tenant without a court order, changing locks, cutting off utilities, or harassing the tenant to leave are all criminal offences under the Rental Housing Act and the Prevention of Illegal Eviction (PIE) Act.
Even if rent is unpaid, landlords must:
- Serve the proper written notice of breach.
- Allow the tenant an opportunity to remedy the breach.
- Apply through the Tribunal or court for a lawful eviction order.
Failure to do so can result in criminal charges, heavy fines, and reputational damage.
Ignoring Property Maintenance and Safety Standards
The South African rental law changes place greater emphasis on property habitability. A landlord must provide and maintain a dwelling that is structurally sound, weatherproof, and safe for occupation.
Common maintenance oversights include:
- Failing to fix damp, plumbing leaks, or electrical faults.
- Ignoring pest infestations or structural cracks.
- Using unlicensed contractors for gas or electrical repairs.
Landlords who neglect these duties risk Tribunal action, compensation claims, or forced repairs at their own cost.
Incorrect or Unfair Rent Increases
Under the South African rental law changes, rent increases must be fair, transparent, and communicated appropriately. Increasing rent without sufficient notice or justification can lead to a Tribunal complaint.
To stay compliant:
- Provide at least one month’s written notice before an increase.
- Base rent adjustments on inflation, property improvements, or market value not personal preference.
- Include rent review terms in the written lease to avoid disputes.
Unreasonable rent hikes can be deemed exploitative, particularly if they target low-income tenants or breach fair practice guidelines.
Failing to Use the Rental Housing Tribunal
Some landlords and tenants still bypass the Rental Housing Tribunal, opting to resolve disputes informally. However, the Tribunal exists to mediate rental conflicts free of charge and issue binding rulings.
Common Tribunal cases include:
- Unpaid rent or deposit disputes.
- Maintenance failures.
- Illegal evictions or harassment claims.
- Breach of lease conditions.
Ignoring the Tribunal’s process or failing to comply with its rulings is a breach of the law. Using the Tribunal protects both parties and prevents minor issues from escalating to court.
Not Keeping Proper Records
The South African rental law changes demand transparency. Landlords must maintain a paper trail for every tenancy, including lease agreements, payment receipts, inspection forms, maintenance invoices, and correspondence.
These records must be stored for at least three years after the tenancy ends. In the event of a dispute, failure to produce documentation often results in the case being decided in the tenant’s favour. Digital copies are acceptable, provided they are accurate and retrievable.
Overlooking Tenant Privacy and Communication Rules
Tenants are legally entitled to quiet and undisturbed occupation of the property. Under the new rental laws, entering the property without notice, sharing tenant information without consent, or persistent uninvited visits can constitute harassment.
Best practices include:
- Giving at least 24 hours’ written notice before inspections or repairs.
- Respecting tenant confidentiality, especially under data protection laws.
- Communicating professionally and documenting all exchanges.
Landlords who fail to follow these standards risk Tribunal complaints and reputational damage.
Not Staying Updated on Legal Changes
The rental landscape in South Africa continues to evolve. The South African rental law changes of 2025 are only the beginning, with further amendments and compliance guidelines expected in the coming years.
Landlords who rely on outdated templates or word-of-mouth advice often find themselves unintentionally breaking the law.
To stay informed:
- Regularly consult the Department of Human Settlements or official government publications.
- Join landlord associations for updates and legal guidance.
- Review lease templates annually to ensure compliance with current legislation.
How to Stay on the Right Side of the Law
Avoiding these pitfalls requires a proactive, informed approach. Every landlord should:
- Operate with a written lease that meets the latest legal standards.
- Conduct and document inspections properly.
- Protect tenant deposits in an interest-bearing account.
- Handle disputes through legal channels.
- Keep accurate, dated records for all transactions and correspondence.
By treating property letting as a professional business, landlords protect themselves and contribute to a fairer, more stable rental market.
Conclusion
The South African rental law changes are reshaping how property ownership and tenancy operate nationwide. While they impose stricter standards, they also promote fairness, professionalism, and long-term stability in the rental sector.
Avoiding common mistakes is no longer optional; it is essential for every landlord who wishes to stay compliant and protect their investment. Those who adapt early, maintain proper documentation, and respect tenants’ rights will find the system working in their favour.
In contrast, those who continue old habits risk costly penalties and legal disputes. The new era of renting in South Africa demands diligence, knowledge, and transparency, and with these, landlords can thrive under the new laws.
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Disclaimer:
This post is for general use only and is not intended to offer legal, tax, or investment advice; it may be out of date, incorrect, or maybe a guest post. You are required to seek legal advice from a solicitor before acting on anything written hereinabove.
