A Practical Checklist for Residential Landlords and Letting Agents

South Africa’s core residential letting laws have not been replaced by a completely new landlord-and-tenant regime. However, landlords and letting agents should not assume that their existing practices remain compliant simply because no major new Rental Housing Act has recently taken effect.

Regulatory expectations surrounding rental deposits, property inspections, tenant information, anti-money laundering checks and lawful eviction procedures remain important. There has also been increased attention on data breaches and unlawful occupation.

This guide explains the principal compliance areas South African residential landlords and property practitioners should review during 2026.

1. Residential landlord compliance checklist

The Rental Housing Act 50 of 1999 remains one of the main laws governing residential letting in South Africa. It regulates matters including leases, deposits, inspections, receipts, tenant privacy and unfair rental practices. It also provides for provincial Rental Housing Tribunals.

Every landlord should review the following points.

Use a clear written lease

A properly drafted written lease should identify:

• The landlord and tenant.
• The rented property.
• The monthly rent and payment date.
• The deposit and how it will be held.
• The duration of the lease.
• Responsibility for electricity, water, rates and other charges.
• Maintenance and repair responsibilities.
• Rules relating to occupants, pets, parking and use of the property.
• The procedure for breach, cancellation and renewal.

Any amendment, extension or renewal should also be recorded in writing and signed by the parties. The national Rental Housing Regulations state that variations and renewals must be in writing and signed by both the landlord and tenant.

Give receipts for payments

Landlords should provide proper receipts for rent, deposits and other amounts paid by the tenant. The receipt should clearly state what the payment relates to.

Good accounting records should also be retained so the landlord can produce a reliable rent schedule if arrears or another dispute arises.

Respect the tenant’s privacy

A landlord remains the owner of the property, but the tenant is entitled to use and enjoy it without unreasonable interference.

Landlords should not enter the property without the tenant’s agreement except where the lease or law permits entry, such as a genuine emergency. Routine inspections, repairs and viewings should be arranged on reasonable notice and at a reasonable time.

The Rental Housing Amendment Act recognises that a landlord may inspect a dwelling during the lease, but must respect the tenant’s right to privacy.

Maintain the property

The landlord should keep the property reasonably fit for occupation and address defects that fall within the landlord’s obligations.

The lease should clearly distinguish between:

• Structural and major maintenance.
• Ordinary wear and tear.
• Damage caused by the tenant or occupants.
• Minor day-to-day responsibilities allocated to the tenant.

Repair requests and responses should be recorded in writing. Photographs, invoices and contractor reports should be retained.

Avoid unlawful self-help

A landlord should never attempt to force a tenant to leave by:

• Changing the locks.
• Removing doors or windows.
• Disconnecting electricity or water.
• Removing the tenant’s belongings.
• Threatening or intimidating the tenant.
• Physically removing the tenant without a court order.

A landlord who resorts to self-help may face an urgent court application, a damages claim or other legal consequences.

2. FICA and anti-money laundering compliance

The Financial Intelligence Centre Act, commonly referred to as FICA, creates anti-money laundering and counter-terrorist financing obligations for organisations classified as accountable institutions.

Property practitioners are accountable institutions and must comply with requirements that may include:

• Registering with the Financial Intelligence Centre.
• Identifying and verifying clients.
• Establishing beneficial ownership.
• Assessing the risk presented by a business relationship.
• Keeping prescribed records.
• Screening against applicable sanctions information.
• Reporting suspicious or unusual transactions.
• Maintaining a Risk Management and Compliance Programme.

The Financial Intelligence Centre states that an accountable institution’s compliance programme should address customer due diligence, record keeping, regulatory reporting, risk-based controls and staff training.

Property practitioners are also required to report suspicious and unusual transactions or activities where the statutory reporting test is met.

Does FICA apply directly to every private landlord?

An ordinary private landlord is not automatically an accountable institution merely because they let out a residential property.

However, FICA obligations will commonly arise where a property practitioner, estate agency, attorney or another accountable institution is involved. The landlord may therefore be asked to provide:

• An identity document.
• Proof of residential address.
• Company or trust documents.
• Details of directors, trustees or beneficial owners.
• Authority to act.
• Tax or banking information.
• Information concerning the proposed transaction or source of funds.

Landlords should cooperate with legitimate verification requests, but agents should explain why information is required and process it in accordance with POPIA.

Practical FICA checklist for letting agents

Letting agents should ensure that they:

1. Are correctly registered with the FIC.
2. Have an up-to-date Risk Management and Compliance Programme.
3. Apply a documented risk-based approach.
4. Verify landlords and other clients before establishing the business relationship.
5. Identify beneficial owners of companies, close corporations and trusts.
6. Retain the required records securely.
7. Train relevant staff.
8. Recognise and report suspicious or unusual activity.
9. Review client information when circumstances change.
10. Keep compliance policies under regular review.

3. POPIA compliance when handling tenant information

Landlords and letting agents routinely collect extensive personal information, including:

• Identity documents.
• Contact details.
• Employment information.
• Payslips and bank statements.
• Credit reports.
• Previous landlord references.
• Details of spouses, children, guarantors and occupants.
• Payment and arrears information.
• Photographs and inspection records.

The Protection of Personal Information Act 4 of 2013, known as POPIA, governs how personal information is collected, used, stored, shared, retained and destroyed.

Collect only what is reasonably necessary

Landlords and agents should avoid collecting excessive information simply because it might be useful at a later date.

Before requesting information, consider:

• Why is the information required?
• Is there a lawful and reasonable purpose?
• Is it relevant to the tenancy application or management of the property?
• Could the purpose be achieved with less intrusive information?

Tell applicants and tenants how their information will be used

Applicants and tenants should receive an appropriate privacy notice explaining:

• Who is collecting the information.
• Why it is required.
• How it may be used.
• Who it may be shared with.
• How long it will be retained.
• How the person can exercise their rights or raise a complaint.

Personal information should not be used for an unrelated purpose without a lawful basis.

Store information securely

Reasonable safeguards should be used to protect both paper and electronic records.

Practical measures include:

• Password-protected systems.
• Multi-factor authentication.
• Restricted staff access.
• Secure cloud storage.
• Locked filing cabinets.
• Encrypted devices.
• Secure document disposal.
• Written agreements with referencing companies and other service providers.
• Regular review of who can access tenant information.

Identity documents, bank statements and credit reports should not be left in open email inboxes or shared through unsecured messaging groups.

Keep information accurate and up to date

Landlords and agents should take reasonable steps to ensure that information used to make decisions is accurate, complete and not misleading.

Outdated contact details, incorrect arrears schedules or inaccurate adverse information may cause serious harm to a tenant or applicant.

Do not retain information indefinitely

A clear document-retention policy should be adopted.

Records should be retained for as long as they are genuinely required for the tenancy, legal compliance, accounting, dispute resolution or limitation purposes. When there is no lawful or operational reason to retain the information, it should be securely deleted or destroyed.

Respond properly to data breaches

A data breach may occur where personal information is lost, stolen, emailed to the wrong person, accessed without authority or exposed through a compromised computer system.

The Information Regulator’s August 2025 guidance states that POPIA does not establish a minimum risk threshold below which a security compromise can simply be ignored. Responsible parties must address applicable notification duties when a compromise occurs.

A landlord or agent discovering a breach should immediately:

1. Contain the breach.
2. Identify what information was affected.
3. Establish whose information is involved.
4. Preserve evidence of what happened.
5. Change compromised passwords or access permissions.
6. Obtain specialist advice where required.
7. Consider notification to the Information Regulator and affected individuals.
8. Record the incident and remedial action.

4. Best practice for deposits and property inspections

Rental deposits are one of the most common sources of disputes between landlords and tenants.

Holding the deposit

Where a deposit is required, the lease should clearly record:

• The amount.
• The date it must be paid.
• Where and how it will be held.
• The circumstances in which deductions may be made.
• The process for refunding the balance.

Under the Rental Housing Act, the deposit must be invested in an interest-bearing account with a financial institution. The tenant may request written proof of the interest earned.

Landlords should keep the deposit separate from ordinary spending money and retain bank records showing how it was held.

Incoming inspection

Before the tenant takes occupation, the landlord and tenant should conduct a joint inspection.

The inspection report should record:

• Existing damage.
• Defects.
• Missing items.
• Meter readings.
• The condition of walls, floors and ceilings.
• The condition of appliances and fittings.
• The number of keys and remotes supplied.
• Any repairs the landlord has agreed to complete.

The report should be signed and attached to the lease. Date-stamped photographs or video evidence should also be retained.

Government and tribunal guidance emphasises the importance of a joint incoming inspection and a written record or photographs of defects.

Inspections during the tenancy

Periodic inspections can identify maintenance problems before they become serious. They should be:

• Permitted by the lease.
• Arranged on reasonable notice.
• Conducted at a reasonable time.
• Limited to a legitimate purpose.
• Recorded in a brief written report.

The inspection should not become an excuse to harass the tenant or interfere unnecessarily with their home.

Outgoing inspection

An outgoing joint inspection should be arranged before the tenant leaves or within the applicable statutory period.

The outgoing condition should be compared with:

• The signed incoming inspection report.
• Photographs taken at the start.
• The inventory.
• Records of repairs during the tenancy.

The tenant should not be charged for fair wear and tear. Deductions should relate to loss or damage for which the tenant is legally responsible and should be supported by evidence.

Deposit deductions

A landlord proposing deductions should retain:

• The incoming and outgoing reports.
• Photographs.
• Contractor quotations or invoices.
• Proof of payment.
• A calculation showing how each deduction was reached.
• Evidence distinguishing damage from ordinary wear and tear.

The balance of the deposit and applicable interest should be returned within the period required by law. The precise deadline can depend on whether deductions are being made and whether the required inspections took place.

Failure to carry out the required inspection may seriously weaken or prevent a landlord’s claim against the deposit.

5. Lawful eviction under the PIE Act

Eviction from a home is governed by the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998, commonly called the PIE Act.

PIE prohibits unlawful eviction and establishes a court process for evicting an unlawful occupier.

A cancelled lease does not itself authorise eviction

A tenant does not become physically removable merely because:

• The lease has expired.
• The landlord has cancelled the agreement.
• Rent is in arrears.
• A notice to leave has expired.
• The property has been sold.
• The landlord requires the property for personal use.

The tenant’s right to occupy must first be lawfully terminated. If the occupier remains, the landlord must obtain and enforce a court order.

Typical eviction process

Although the procedure will depend on the facts and the court involved, an eviction commonly includes the following stages:

1. The tenant breaches the lease or another lawful ground for termination arises.
2. The landlord gives any required breach notice and opportunity to remedy.
3. The lease is lawfully cancelled or otherwise terminated.
4. The tenant is required in writing to vacate.
5. If the tenant remains, an eviction application is issued in the appropriate court.
6. The landlord obtains the required authorisation for service of the PIE notice.
7. The court papers and authorised notice are served on the occupiers and relevant municipality.
8. The occupiers are given an opportunity to oppose the application.
9. The court considers whether eviction would be just and equitable.
10. If granted, the order states when the occupiers must leave and when the sheriff may carry out the eviction.

Court guidance confirms that PIE applications must follow a prescribed court procedure rather than informal removal by the owner.

The court’s considerations

The court does not consider only whether the landlord owns the property.

Depending on the circumstances and the length of occupation, the court may consider:

• Whether the lease was validly terminated.
• Whether all notices were properly served.
• The personal circumstances of the occupiers.
• The rights and needs of children, elderly people, persons with disabilities and vulnerable households.
• Whether the municipality has been properly notified.
• The availability of alternative accommodation.
• Whether sufficient time should be allowed before the order is enforced.
• Whether the proposed eviction date is just and equitable.

Do not delay

Landlords should take early advice where:

• Rent arrears are increasing.
• The tenant disputes cancellation.
• There are unauthorised occupants.
• The property has been unlawfully occupied.
• The landlord intends to sell.
• The tenant has threatened to damage the property.
• A municipality may need to participate.
• Vulnerable occupants or children live at the property.

Delay can increase arrears, legal costs and the practical difficulty of recovering possession.

6. The proposed PIE Amendment Bill

During April 2026, the South African Government published a proposed PIE Amendment Bill dealing with illegal occupations and related court considerations.

The proposal seeks, among other matters, to address organised or orchestrated unlawful invasions and to clarify matters courts may consider in eviction proceedings.

Landlords should understand that this is a Bill and not yet an amendment already in force. Until legislation has completed the parliamentary process and commenced, landlords must continue to follow the existing PIE Act and current court procedure.

7. Commercial landlords

The Rental Housing Act primarily concerns residential rental housing. Commercial leases are generally governed more heavily by:

• The written lease.
• South African common law.
• Contract law.
• The Consumer Protection Act where it applies.
• The Property Practitioners Act where a property practitioner is involved.
• FICA where an accountable institution is involved.
• POPIA when personal information is processed.
• Municipal, zoning, health and safety requirements.

Commercial landlords should pay particular attention to:

• The identity and authority of the tenant.
• Companies, directors and beneficial owners.
• Permitted use of the premises.
• Zoning and licence requirements.
• VAT treatment.
• Operating costs and utilities.
• Repairs and reinstatement.
• Insurance.
• Sureties and guarantees.
• Renewal options.
• Cancellation and breach clauses.
• Assignment, subletting and change of control.
• The legal process required before removing an occupier.

A commercial landlord should not assume that changing locks or removing a tenant’s goods will always be lawful. The wording of the lease, the status of the occupier and the applicable procedural law must be considered before enforcement action is taken.

8. Landlord compliance checklist for 2026

Every landlord or letting agent should be able to answer “yes” to the following:

Lease and property

• Is there a clear written lease?
• Are all renewals and amendments recorded in writing?
• Does the lease properly allocate repairs and charges?
• Is the property legally suitable for the permitted use?
• Are repair requests and maintenance records retained?

Deposits and inspections

• Is the deposit held in the legally required manner?
• Can the interest calculation be demonstrated?
• Was a signed incoming inspection completed?
• Are photographs and an inventory available?
• Has an outgoing inspection procedure been diarised?
• Can every proposed deduction be evidenced?

Tenant information

• Is there a POPIA-compliant privacy notice?
• Is only necessary information collected?
• Is access restricted?
• Are documents stored securely?
• Is there a retention and deletion policy?
• Is there a process for responding to a data breach?

FICA

• Is the landlord or business an accountable institution?
• Where a property practitioner is involved, have the required client checks been completed?
• Has beneficial ownership been established where necessary?
• Are suspicious activity reporting procedures understood?
• Is the Risk Management and Compliance Programme current?

Arrears and eviction

• Is there an accurate rent schedule?
• Have breach notices been served correctly?
• Has the lease been lawfully terminated?
• Has self-help been avoided?
• Has advice been obtained before starting PIE proceedings?
• Have the municipality and all occupiers been properly considered?

Conclusion

South African landlords should not treat compliance as a document completed only when the tenant moves in.

A well-managed tenancy requires:

• A clear written lease.
• Reliable payment records.
• Properly managed deposits.
• Detailed incoming and outgoing inspections.
• Respect for tenant privacy.
• Secure processing of personal information.
• Appropriate FICA checks where applicable.
• Prompt action when a tenancy is breached.
• A lawful court process where eviction becomes necessary.

Good compliance protects the tenant, but it also protects the landlord. Clear documentation and consistent procedures make it easier to resolve disputes, justify deposit deductions, recover arrears and obtain possession lawfully.

Legal disclaimer

This guide provides general information about landlord compliance in South Africa as at July 2026. It does not constitute legal advice and should not be relied upon as a substitute for advice on a particular tenancy, commercial lease, eviction, deposit dispute, data breach or regulatory obligation.

Legislation, regulations, court rules and official guidance may change. Landlords and property practitioners should obtain advice from a suitably qualified South African attorney or compliance professional before taking legal action.

Useful External Resources

Rental Housing legislation

Rental Housing Act 50 of 1999
The principal legislation governing residential rental housing, including deposits, inspections, receipts and Rental Housing Tribunals.
Read the Rental Housing Act

Rental Housing Act – full PDF
Download the Act as a PDF

Rental Housing Amendment Act 35 of 2014
Sets out further rights and obligations of landlords and tenants and includes provisions relating to written leases and Rental Housing Tribunals.
Read the Rental Housing Amendment Act

Rental Housing Regulations
Contains procedural provisions and requirements applying under the Rental Housing Act.
View the Rental Housing Regulations

Rental Housing Norms and Standards
National norms and standards applying to different forms of rental housing, including privately rented accommodation.
Download the Rental Housing Norms and Standards

FICA and anti-money laundering

Financial Intelligence Centre
The main official source for FICA registration, reporting, guidance and compliance updates.
Visit the Financial Intelligence Centre

FICA guidance for estate agents and property practitioners
Provides sector-specific compliance guidance, directives, risk assessments and public compliance communications.
View FICA guidance for estate agents

Public Compliance Communication 56
Explains which property practitioners fall within the definition of an accountable institution and are required to register and comply with FICA.
Download PCC 56

Risk Management and Compliance Programmes
Practical FIC guidance on preparing an RMCP covering customer due diligence, record keeping, reporting, risk controls and staff training.
Read the RMCP guidance

FIC compliance guidance notes
A central library of authoritative guidance on compliance with the FIC Act.
View FIC guidance notes

POPIA and tenant information

Information Regulator South Africa
The official regulator responsible for POPIA and access-to-information compliance.
Visit the Information Regulator

POPIA guidance and resources
Includes information on objections, correction and deletion requests, prior authorisation and security-compromise notifications.
View POPIA resources

POPIA guidance notes
Official guidance covering direct marketing and other areas of personal-information processing.
View the Information Regulator’s guidance notes

Security-compromise guidance
Explains the steps organisations should take when tenant or applicant information is lost, stolen, disclosed or accessed without authority.
Read the security-compromise fact sheet

Reporting a data breach
A step-by-step guide to submitting a security-compromise report through the Information Regulator’s system.
Download the reporting guide

POPIA forms
Includes the security-compromise notification form and forms for objections, corrections and deletion requests.
View official POPIA forms