Tag

rental housing amendment Archives | Eviction Lawyers South Africa

Mar 15
3

How to evict a tenant without a lease

By | Evictions, Lease Agreement

Tenants have rights with or without a written lease

No lease? No change to the eviction process. Eviction lawyers

Your arrangement with your tenant is not working out, and you’ve reached the point where you are considering eviction. But you don’t have a written lease agreement and you’re not sure how to evict a tenant without a lease. What now?

Firstly, you cannot take the law into your own hands. You must follow the correct process if the eviction is to be deemed lawful. Whether or not there is a written lease agreement, if a landlord allows someone to reside on a property and accepts rent, that is regarded as a de facto lease and is binding.

This scenario will soon change, however. The as yet un-gazetted Rental Housing Amendment Act 35 of 2014 compels landlords to have a written lease agreement in place and is just one of the regulations that will further protect the rights of tenants and reinforce the obligations of landlords. 

Landlords and tenants will have six months to comply with the provisions of the Act once the new legislation comes into effect. All new lease agreements must be in writing and verbal agreements will no longer be binding.

Complete guide (recommended starting point):

For a consolidated, attorney-written eviction guide (PIE Act procedure, Sheriff service, municipal notice, timelines, costs, urgent eviction, and landlord/occupier “traps”), see:
https://www.sdlaw.co.za/evictions-south-africa/

This is the best page to read first if you want a full process overview before drilling into individual scenarios.

Allow time to remedy a breach of contract 

If the tenant is in breach of a rental agreement, the landlord must notify the tenant in writing and allow them to remedy the situation. This might happen if there is excessive noise, there are pets on the property without permission, or rent is in arrears. Unless specified in the lease agreement, a tenant has 20 working days to rectify the breach in accordance with the Consumer Protection Act (CPA). In the case of a verbal agreement, or if the lease has expired but the tenant still lives on the property with the landlord’s permission on a month-to-month basis, the landlord must afford the tenant one calendar month’s notice to make good the situation.

If the tenant fails to repair the breach within the specified time period and the matter cannot be settled, the next step is for the landlord to issue the tenant with a letter cancelling the lease. With a bit of luck, the troublesome tenant will vacate the property at the end of the notice period. However, if the notice of cancellation is ignored and the tenant refuses to leave, the landlord may have no choice but to apply to the court for an eviction order. 

The steps to eviction with or without a written lease

An eviction order will be served 14 days prior to the court hearing and, if the tenant is unable to present a valid defence at the hearing, a warrant of eviction will be issued allowing the sheriff to remove the tenant’s possessions from the property. If the tenant does present a valid defence at the hearing, a trial date will then be set.

Removing a recalcitrant tenant can be extremely frustrating, but failure to observe legal processes will result in an unlawful eviction and possible criminal action. 

The Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 1998 (PIE) sets out strict procedures on how to properly evict unlawful occupiers from residential properties, while prohibiting illegal evictions. It is not permissible to change the locks or turn off the water and electricity. A landlord who does not comply with PIE could face a fine or up to two years imprisonment, so it’s best to hire an eviction lawyer at this stage to ensure the correct procedure is observed.

Keep on the right side of the law

Tenants or landlords may decide to terminate a lease agreement for many reasons, but, whatever the grounds, both parties must act within the law. Simon Dippenaar and Associates are expert eviction lawyers who will ensure the correct procedures are followed every step of the way. We will assist with eviction notices and court appearances to secure a satisfactory outcome. Call us on 086 099 5146 or email sdippenaar@sdlaw.co.za.

Further reading:

May 25
2
Rental Housing Amendment Act 2014 by Eviction Lawyer

Getting To Grips With The Rental Housing Amendment Act

By | Rental Housing Act

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.