Practical Help With Unpaid Rent
Practical Help for South African Landlords Dealing With Unpaid Rent
When a tenant falls behind with their rent, taking the right action at the right time can make a significant difference to the amount ultimately recovered.
The Landlord Association of South Africa Rental Arrears Recovery Service provides members with practical support when a residential tenant fails to pay rent.
We can help landlords understand the appropriate steps to take, including breach procedures, arrears correspondence, repayment arrangements and available rent recovery options.
The Rental Housing Act recognises a landlord’s right to prompt and regular payment of rent and to recover unpaid rental or other amounts due through the appropriate legal process.
This service is exclusively available to LASA members.
Not a member? Why not join today and get access to landlord support when you need it most?
Tenant Not Paying Rent? Act Early
Rental arrears can quickly become one of the most expensive problems facing a landlord.
Missing one month’s rent can develop into several months of arrears if the problem is not addressed promptly and correctly.
If your tenant has stopped paying rent, is repeatedly paying late or is only making partial payments, it is important to establish the position and take appropriate action.
Official landlord guidance confirms that failure to pay rent on time constitutes a breach of the rental agreement, with the landlord’s next steps depending on the lease and applicable legal requirements.
Our Rental Arrears Recovery Service helps members assess the situation and determine the practical next steps.
How We Can Help With Rental Arrears
Every rental arrears case is different. The appropriate course of action can depend on the lease agreement, the amount outstanding, the duration of the arrears, previous correspondence and whether the landlord wishes to preserve or terminate the tenancy.
Our member support may include assistance with:
- Reviewing the rental arrears position
- Checking relevant terms of the lease agreement
- Calculating and documenting outstanding rent
- Guidance on breach procedures
- Breach and demand correspondence
- Responding to partial or irregular payments
- Structuring repayment arrangements
- Recording payment agreements
- Dealing with broken repayment arrangements
- Considering available debt recovery options
- Guidance where the tenant remains in occupation
- Considering whether termination of the lease may be appropriate
- Guidance on the next steps where arrears continue
- Identifying when specialist legal or eviction assistance may be required
Breach of Lease for Non-Payment of Rent
A tenant who fails to pay rent when it becomes due may be in breach of the lease.
However, landlords should be careful not to simply cancel a tenancy or take enforcement action without first considering the lease terms and applicable legal requirements.
The correct breach procedure can depend on the circumstances and the legislation applicable to the particular agreement.
Our service helps members understand what action should be considered and what records should be maintained before progressing further.
Rent Arrears Repayment Arrangements
Not every case of rent arrears needs to result immediately in termination or legal proceedings.
Sometimes a tenant has experienced a temporary financial problem and can realistically clear the arrears over an agreed period.
Where appropriate, a structured rent arrears repayment arrangement can help the landlord recover the outstanding balance while allowing the tenancy to continue.
A repayment arrangement should clearly record matters such as the amount outstanding, normal ongoing rent, additional arrears payments, payment dates and what happens if the arrangement is not maintained.
LASA members can obtain practical guidance when considering whether a repayment proposal is appropriate.
When a Tenant Breaks a Repayment Agreement
A common problem occurs when a landlord agrees to give a tenant additional time to clear the arrears, but the tenant subsequently fails to make the promised payments.
This can leave the landlord with an even larger outstanding balance.
Where a repayment arrangement has failed, members can contact us for guidance on the next appropriate step rather than repeatedly entering into informal arrangements that may simply allow the debt to increase.
Keeping a clear written record of payments, missed payments, agreements and communications can also become important if formal recovery action is eventually necessary.
Recovering Unpaid Rent
South African rental law recognises a landlord’s right to recover unpaid rent, but landlords must follow lawful procedures. The Rental Housing Act provides for recovery of unpaid rental or other amounts due after obtaining an appropriate Tribunal ruling or court order.
Depending on the circumstances, recovery options may need to be considered alongside:
Breach procedure → Repayment arrangement → Lease termination → Debt recovery → Eviction proceedings
These are not necessarily steps that must always be followed in this exact sequence. The appropriate strategy depends on the individual case.
Our service helps members understand their options and decide when the matter may need to progress beyond ordinary arrears management.
Rental Arrears and Eviction
Rental arrears and eviction are related, but they are not the same process.
A landlord should never attempt to remove a tenant personally, change the locks or seize the tenant’s possessions simply because rent is outstanding.
Repossession of residential rental property requires the appropriate legal process and a court order. The Rental Housing Act also protects tenants against their possessions being seized without lawful authority and a court order.
Where an arrears case has progressed to the stage where termination and eviction may need to be considered, members can be guided towards the appropriate next step.
Keep Proper Evidence of Rental Arrears
Good record-keeping can become extremely important if the tenant disputes the amount outstanding.
Landlords dealing with arrears should retain relevant records such as:
- The signed lease agreement
- Rental payment schedule
- Bank statements or payment records
- Rental ledger
- Copies of invoices or statements
- Correspondence with the tenant
- Breach notices
- WhatsApp messages and emails
- Repayment proposals
- Signed repayment arrangements
- Records of partial payments
- Records of promises to pay
- Previous demands for payment
A clear chronological record makes it easier to establish exactly how much is owed, when it became due, and what steps have already been taken.
Who Can Use the Rental Arrears Recovery Service?
The Rental Arrears Recovery Service is exclusively available to Landlord Association of South Africa members.
The service is suitable for residential landlords dealing with situations such as:
- A tenant who has stopped paying rent
- Repeated late payment
- Partial rent payments
- Increasing rental arrears
- A tenant who continually promises to pay
- A failed repayment arrangement
- A tenant disputing the amount owed
- A tenant remaining in occupation while arrears increase
- A landlord considering termination because of unpaid rent
- A landlord unsure how to start the recovery process
Whether you have one rental property or a larger portfolio, rental arrears should be dealt with promptly and systematically.
How the Rental Arrears Recovery Service Works
1. Tell us about the arrears
Provide details of the tenancy, rent outstanding and relevant payment history.
2. Provide the relevant documents
Depending on the case, we may need to consider the lease, rent schedule and correspondence with the tenant.
3. We help you assess the position
We help identify the practical issues and appropriate next steps.
4. Take appropriate action
Depending on the circumstances, this could involve a breach procedure, repayment arrangement, recovery action or consideration of further legal steps.
Why Landlords Should Deal With Arrears Early
Ignoring rental arrears rarely makes them disappear.
For example, a tenant paying R12,000 per month who falls three months behind creates an arrears balance of R36,000, before considering any other sums potentially due.
Early intervention can help establish whether the problem is temporary and capable of resolution or whether stronger action needs to be considered.
The objective is to protect the landlord’s rental income while ensuring that any action taken is lawful and properly documented.
Not a Member? Why Not Join LASA?
The Rental Arrears Recovery Service is a member benefit.
Joining the Landlord Association of South Africa gives landlords access to a wider range of support designed to help them manage their rental properties and deal with problems when they arise.
Current LASA membership benefits include landlord advice, residential landlord documents and support, eviction assistance, commercial landlord support and other member services. Membership currently starts from R600 for one year, with membership covering an unlimited number of properties owned by the member.
Don’t wait until a tenant problem becomes an expensive legal problem.
View LASA Membership Options & Join
Already a Member?
If your tenant has fallen into arrears, contact us as soon as possible and provide details of the tenancy and the outstanding rent.
The earlier the position is assessed, the more options may be available for managing the arrears.
Frequently Asked Questions
What should I do if my tenant stops paying rent?
Check the payment records and lease first and establish exactly how much is outstanding. Non-payment may constitute a breach of the lease, but the appropriate breach and enforcement procedure should be considered before further action is taken.
Can LASA help me send a breach notice?
Members can obtain practical support concerning the appropriate breach procedure and arrears correspondence. The requirements will depend on the particular lease and circumstances.
Should I agree to a repayment plan?
A repayment arrangement can sometimes be appropriate where the tenant has experienced a temporary problem and has a realistic ability to clear the arrears. The arrangement should be properly documented rather than relying solely on verbal promises.
What if the tenant breaks the repayment arrangement?
The case should be reviewed promptly. Continually extending informal repayment arrangements while arrears increase can expose the landlord to greater financial loss.
Can I take the tenant’s belongings to cover unpaid rent?
Landlords should not simply seize a tenant’s possessions themselves. Official guidance confirms that attachment of a tenant’s property requires lawful process and a court order.
Can I change the locks if the tenant owes rent?
No. A landlord cannot simply lock a residential tenant out because rent is outstanding. Repossession requires the appropriate legal process.
Can unpaid rent lead to eviction?
Potentially, yes. Non-payment may constitute a breach capable of leading to termination and ultimately eviction proceedings, depending on the lease and applicable law. However, a landlord cannot personally evict the tenant; repossession requires a court order.
Is the Rental Arrears Recovery Service free?
The service is provided as a LASA membership benefit, subject to the scope and terms of the member service.
I’m not a member. Can I use the service?
The Rental Arrears Recovery Service is for LASA members. If you are not currently a member, you can join and then access the service together with the other benefits available under your membership.
Join the Landlord Association of South Africa
Get Help With Rental Arrears Today
Tenant not paying rent? Don’t allow the arrears to continue growing without taking appropriate action.
If you are a LASA member, contact us for practical support with your rental arrears case.
Not yet a member? Join LASA today and get access to the support, documents and guidance available to our landlord members.