Rental Housing Amendment Act 35 of 2014: current status
Short answer, reviewed on 24 July 2026: the Rental Housing Amendment Act 35 of 2014 should not currently be treated as operative law. The official South African Government page still states that commencement is to be proclaimed, and the current consolidated Rental Housing Act records the 2014 Act as an uncommenced amendment.
The 2014 Act was published in Government Gazette 38184 on 5 November 2014. Publication did not, by itself, bring it into force. Section 22 says that it comes into operation on a date determined by the President by proclamation in the Gazette. Until that happens, landlords, tenants, agents and advisers should distinguish between the law currently in force and the changes Parliament approved for future commencement.
Official sources: see the South African Government status page for Act 35 of 2014, the published 2014 Amendment Act and the current consolidated Rental Housing Act.
What rental housing law applies now?
The operative national statute is the Rental Housing Act 50 of 1999, which commenced on 1 August 2000 and was amended by the Rental Housing Amendment Act 43 of 2007. The uncommenced 2014 changes should not be presented as if they have already replaced the current wording.
This does not mean tenants or landlords are without protection. The current Act already regulates important matters such as unfair discrimination, privacy, receipts, deposits, inspections, lease terms and Rental Housing Tribunal proceedings. Residential eviction remains a separate court process governed principally by the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 (PIE).
Must a residential lease be in writing?
Not automatically under the currently operative national wording. Section 5(1) of the current Rental Housing Act says that a lease need not be in writing. Section 5(2) requires a landlord to reduce the lease to writing if the tenant asks for this.
A written lease is nevertheless the safer course. It provides evidence of the rent, deposit, duration, payment date, permitted use, maintenance responsibilities, breach procedure and notice provisions. A verbal lease can be valid, but proving its terms may become difficult when the relationship breaks down. Read our guide to tenant rights without a written lease.
The Consumer Protection Act may also affect some fixed-term consumer leases. Its application is fact-sensitive and does not convert every lease dispute into the same notice or cancellation problem. Get advice before relying on a standard period without checking the lease and the parties.
What would the 2014 Amendment Act change if it commences?
The 2014 Amendment Act was designed to strengthen and standardise rental housing law. If commenced, its principal changes would include:
- requiring leases to be reduced to writing;
- setting out landlord and tenant rights and obligations more fully;
- adding clearer habitability and maintenance duties;
- extending the Rental Housing Tribunal framework to all provinces;
- requiring provincial MECs to establish Tribunals within the prescribed period;
- providing for a Tribunal appeal process;
- requiring local municipalities to establish Rental Housing Information Offices;
- authorising national norms and standards for rental housing; and
- extending the offence provisions.
Section 21 also creates a transition rule: additional or amended obligations imposed on landlords or tenants would become effective six months after the commencement date. That six-month period has not started merely because the Act was published in 2014.
Deposits and inspections are already regulated
It is a mistake to assume that deposit and inspection duties depend entirely on the uncommenced 2014 Act. The current Rental Housing Act already regulates interest on deposits, written receipts, incoming and outgoing inspections, deductions and different refund periods depending on the circumstances.
For the practical 7-day, 14-day and 21-day routes, see our current guide to rental deposit return in South Africa. A deposit should not be treated as a blank cheque, ordinary maintenance fund or automatic last month’s rent.
Rental Housing Tribunal or eviction court?
A Rental Housing Tribunal may deal with unfair practices in the landlord-tenant relationship. Depending on the facts, that can include deposit disputes, unlawful lockouts, service issues, intimidation, maintenance complaints and other unfair conduct. See how to use the Rental Housing Tribunal.
A Tribunal complaint is not the same as an eviction order. If a landlord wants to recover possession of a home and the occupier does not leave after lawful termination, the landlord must follow the court process. The landlord may not change locks, remove possessions, cut services or physically remove the occupier. For the legal route, read our PIE Act guide and the network’s eviction process guide.
What should landlords and tenants do now?
- Use a written lease. Even where writing is not automatically required, it materially reduces proof and interpretation disputes.
- Do not describe the 2014 amendments as current law. Check for a commencement proclamation before relying on the future provisions.
- Follow the current deposit and inspection rules. Keep receipts, inspection records, photographs and proof of interest and deductions.
- Separate cancellation from eviction. Ending a lease does not authorise self-help removal.
- Use the correct forum. An unfair-practice complaint, debt claim, spoliation application and eviction application are different remedies.
Frequently asked questions
Has the Rental Housing Amendment Act 35 of 2014 commenced?
As at 24 July 2026, the official government page still states that commencement is to be proclaimed, while the current consolidated Act identifies the 2014 amendments as uncommenced. It should not be treated as operative unless a later presidential proclamation can be produced.
What is the commencement date?
Section 22 leaves the commencement date to a presidential proclamation in the Government Gazette. The publication date of 5 November 2014 is not the commencement date.
Is a verbal lease valid in South Africa?
A verbal lease can be valid under the currently operative national Act. If the tenant asks, the landlord must reduce the lease to writing. A written agreement remains strongly advisable because it records the terms and reduces evidentiary disputes.
Can a landlord be prosecuted merely because there is no written lease?
The expanded written-lease offence contemplated by the uncommenced 2014 Act should not be presented as current law. The operative Rental Housing Act contains other offence provisions, and conduct such as defying a Tribunal ruling or interfering unlawfully with a tenant’s rights can still have serious consequences. Advice should be based on the conduct and the law presently in force.
Does the 2014 Amendment Act replace PIE?
No. Even if the 2014 Act commences, residential eviction will still require the lawful termination of occupation rights and a court process under PIE where PIE applies. Only the sheriff may enforce an eviction order.
Need advice on the current law?
Simon Dippenaar & Associates Inc. advises landlords and tenants on leases, deposits, Rental Housing Tribunal disputes, illegal eviction and lawful eviction proceedings. Contact us on 086 099 5146 or simon@sdlaw.co.za for advice on your facts.
