Landlord Association of South Africa

Tenant Breach Notice Service

Practical Help When Your Tenant Breaches the Lease

When a tenant breaches a residential lease agreement, landlords need to respond promptly, correctly and in writing.

Using the wrong notice, unclear wording or an inappropriate procedure can weaken the landlord’s position and make a straightforward tenancy problem considerably more difficult to resolve.

The Landlord Association of South Africa (LASA) Tenant Breach Notice Service provides members with practical assistance when a tenant fails to comply with their lease obligations.

Tell us what has happened and we will help you identify the appropriate breach notice, demand or landlord correspondence required for the circumstances.

This is a LASA members-only service.

Not currently a member? You can join LASA and gain access to this service together with our other landlord support, documents and member benefits.

Has Your Tenant Breached the Lease?

Tenant breaches can take many different forms. Some are relatively straightforward, while others require careful consideration before a notice is sent or further action is taken.

Examples may include:

• Non-payment of rent
• Persistent late payment of rent
• Unauthorised occupants
• Unauthorised subletting
• Property damage
• Failure to maintain the property as required
• Unauthorised alterations
• Keeping pets contrary to the lease
• Nuisance or unreasonable disturbance
• Conduct affecting neighbours or other occupants
• Using the property for an unauthorised purpose
• Breach of body corporate or complex rules
• Refusing reasonable access where access is permitted
• Failure to comply with another material lease obligation
• Repeated breaches after previous warnings

The appropriate response will depend on what has happened, what the lease says and the applicable legal requirements.

What Is the Tenant Breach Notice Service?

Our service helps LASA members determine the appropriate way to respond to an alleged tenant breach.

Rather than downloading a generic breach notice and hoping it is suitable, members can provide details of the problem so that the circumstances can be considered.

Depending on the case, assistance may include:

• Reviewing the nature of the alleged breach
• Considering relevant provisions of the lease
• Identifying what evidence should be retained
• Guidance on an appropriate breach notice
• Guidance on a letter of demand
• Preparing appropriate landlord correspondence
• Responding to repeated breaches
• Dealing with a failed previous warning
• Considering the next step if the tenant does not remedy the breach
• Identifying where specialist legal assistance may be required

Why the Correct Breach Notice Matters

A breach notice is not simply an angry letter telling a tenant that they have done something wrong.

The notice should clearly identify the problem and, where appropriate, explain what the tenant is required to do to remedy it.

Depending on the circumstances, the landlord may also need to consider the lease terms and applicable legislation before cancellation or other enforcement action is contemplated.

Poorly drafted correspondence can create uncertainty about:

what the breach is → what the tenant must do → when they must do it → what may happen if they fail to comply.

The Tenant Breach Notice Service helps members approach this process in a more structured way.

Tell Us What Has Happened

When requesting assistance, provide us with a concise explanation of the problem.

It is helpful to tell us:

• What the tenant has done or failed to do
• When the problem started
• Whether the breach is continuing
• Which provision of the lease you believe has been breached
• Whether you have already contacted the tenant
• Whether any previous notice or warning has been sent
• What response the tenant has given
• Whether the tenant has previously committed the same breach
• What evidence you have

Where appropriate, we may ask to see the lease agreement and relevant correspondence before guidance is provided.

Non-Payment of Rent

Tenant Failed to Pay the Rent?

Non-payment is one of the most common breaches faced by residential landlords.

If your tenant has failed to pay rent, it is important to establish exactly:

• How much rent is outstanding
• When it became due
• What payments have been received
• Whether any partial payments have been made
• What the lease says about payment
• Whether previous arrears exist
• Whether a repayment arrangement has already been agreed

Depending on the circumstances, an appropriate breach notice or demand may be required.

Members dealing with significant or continuing arrears may also benefit from our separate Rental Arrears Recovery Service.

Unauthorised Occupants and Subletting

Landlords sometimes discover that people who are not named in the lease have moved into the property or that the tenant has sublet all or part of the premises.

The first step should usually be to establish the facts and check the lease rather than immediately assuming that the tenancy can be cancelled.

Our service can help members determine what correspondence may be appropriate and what information or evidence should be obtained from the tenant.

Property Damage

Where a tenant is causing damage to the rental property, landlords should create a clear record of the problem.

Evidence may include:

• Inspection reports
• Dated photographs
• Videos
• Contractor reports
• Repair quotations
• Previous inventories
• Correspondence with the tenant
• Records of earlier warnings

The notice should accurately describe the alleged breach rather than make unsupported or exaggerated allegations.

Nuisance and Tenant Conduct

Complaints concerning noise, nuisance or other tenant conduct can be more difficult to deal with because the landlord may initially be relying on reports from neighbours, managing agents or other occupants.

Members should retain relevant evidence such as:

• Written complaints
• Dates and times of incidents
• Body corporate correspondence
• Security reports
• Photographs or video where lawfully obtained
• Previous warnings
• Tenant responses
• Other relevant records

LASA can help members consider the appropriate landlord correspondence based on the information available.

Breach of Body Corporate or Complex Rules

Where a rental property forms part of a sectional title development, estate or managed complex, the tenant may also be required to comply with applicable conduct or scheme rules.

Repeated rule breaches can create problems not only with the tenant but also between the landlord and the body corporate or managing agent.

Where you receive a complaint about your tenant, provide us with the relevant correspondence, the lease and applicable rule where available.

What Happens if the Tenant Ignores the Breach Notice?

Sending a notice does not guarantee that the tenant will comply.

If the tenant fails to remedy the breach, the landlord should review the position before taking the next step.

Depending on the circumstances, this may involve:

• Further correspondence
• Enforcement of the lease
• Rental arrears recovery
• Consideration of cancellation
• Rental Housing Tribunal proceedings
• Debt recovery
• Eviction proceedings
• Obtaining independent legal assistance

The appropriate next step depends on the nature of the breach and the applicable legal requirements.

Breach Notice and Eviction Are Not the Same Thing

A breach notice should not be confused with an eviction order.

Even where a tenant has seriously breached the lease, a landlord cannot simply physically remove the tenant, change the locks or otherwise take possession without following the required legal process.

Where a breach ultimately leads to lawful cancellation but the tenant refuses to vacate, formal eviction proceedings may be required.

Members should seek further assistance before taking action to recover possession.

Keep Evidence of the Breach

Good evidence can become extremely important if the tenant disputes the allegation or the matter later reaches the Rental Housing Tribunal or court.

Landlords should retain documents such as:

• Signed lease agreement
• Annexures and house rules
• Rental statements
• Bank/payment records
• Photographs and videos
• Inspection reports
• Contractor reports
• Complaints from neighbours
• Body corporate correspondence
• Emails
• WhatsApp messages
• Previous warnings
• Breach notices
• Proof of delivery or service
• Tenant responses

Keep documents dated and organised chronologically wherever possible.

Who Can Use the Tenant Breach Notice Service?

The Tenant Breach Notice Service is exclusively available to LASA members.

It can assist landlords dealing with situations including:

• Unpaid rent
• Persistent late payment
• Unauthorised occupants
• Subletting
• Property damage
• Unauthorised alterations
• Pets kept without required consent
• Nuisance
• Breaches of complex rules
• Failure to provide reasonable access
• Improper use of the property
• Repeated breaches of the lease
• Other tenancy-related breaches

Whether you own one residential rental property or manage a larger portfolio, dealing with breaches properly can help protect your property and your legal position.

How the Tenant Breach Notice Service Works

1. Tell Us What Has Happened

Explain the tenant’s alleged breach and provide the important dates.

2. Send Us the Relevant Documents

Where required, provide the lease agreement, correspondence and supporting evidence.

3. We Consider the Appropriate Response

We help identify the appropriate breach notice, demand or landlord correspondence for the circumstances.

4. Take the Next Step

If the tenant complies, the matter may be resolved. If the breach continues, members can seek further guidance about the options available.

Already a LASA Member?

If your tenant has breached the lease, contact us before sending correspondence that could affect your legal position.

Tell us what has happened and provide the relevant documents.

REQUEST TENANT BREACH NOTICE ASSISTANCE

Not a Member? Join LASA Today

The Tenant Breach Notice Service is a LASA member benefit.

If you are not currently a member, why not join the Landlord Association of South Africa?

Membership gives landlords access to practical assistance and resources for dealing with many of the problems that arise during residential tenancies.

Rather than searching online for a generic notice when a tenant problem occurs, LASA members have access to landlord-focused support when they need it.

View LASA Membership Options and Join

Join LASA today and gain access to the Tenant Breach Notice Service together with our other member services and landlord resources.

Frequently Asked Questions

What is a tenant breach notice?

A tenant breach notice is correspondence notifying the tenant of an alleged failure to comply with their lease obligations. The precise wording and procedure will depend on the breach, lease and applicable law.

Can LASA prepare a breach notice for me?

Members can provide details of the problem and obtain guidance on the appropriate breach notice, demand or landlord correspondence required, subject to the scope of the member service.

Can I use the same breach notice for every tenant problem?

No. A notice suitable for unpaid rent may not be appropriate for property damage, unauthorised occupants or another type of breach. The circumstances should be considered individually.

What documents should I provide?

Start with the lease agreement and a brief explanation of what happened. Depending on the breach, we may also need rental statements, photographs, inspection records, correspondence or other evidence.

What if I have already sent the tenant a warning?

Provide us with a copy. Previous correspondence may affect how the next communication should be approached.

Can LASA help if the tenant owes rent?

Yes. In addition to this service, members dealing with unpaid rent can use our Rental Arrears Recovery Service.

What if the tenant ignores the notice?

Contact us again before taking further action. Depending on the circumstances, further enforcement, cancellation, recovery or eviction options may need to be considered.

Can I evict a tenant after sending a breach notice?

A breach notice does not itself authorise physical eviction. If a tenancy is lawfully terminated and the tenant refuses to leave, the appropriate legal eviction procedure must be followed.

Is this service available to non-members?

No. The Tenant Breach Notice Service is available to LASA members. If you are not a member, you can join LASA and then request assistance subject to the membership terms.

Get Help With a Tenant Breach

Tenant breached the lease? Get the paperwork right from the start.

Tell us what has happened and let us help you identify the appropriate breach notice, demand or landlord correspondence.

REQUEST BREACH NOTICE ASSISTANCE

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