There is a rule preventing South Africans from moving into homes immediately after they bought them

Experts warned that homebuyers in South Africa cannot force existing tenants to leave after purchasing a property, even if they want to move in themselves.

Many buyers assume they can ask existing tenants to vacate immediately after purchasing a property. This is particularly the case if they intend to move into the home themselves and not use it as a rental investment.

However, South African law provides important protections for tenants, and buyers generally inherit the existing lease agreement.

Meridian Realty principal Antonie Goosen explained that this principle is often summarised as “huur gaat voor koop” (letting goes before selling).

“In simple terms, the lease survives the sale,” he said. Once the transfer has taken place, the new owner effectively steps into the shoes of the previous landlord.

“All the rights and obligations contained in the existing lease continue to apply. The tenant doesn’t lose those rights simply because the property has changed ownership.”

This means buyers usually cannot require tenants to move out before the lease expires, even where there has been a change in property ownership.

“If the lease is fixed for another six months, the tenant generally has the right to remain for that period,” Goosen said. However, there are exceptions.

“If both parties voluntarily reach an agreement to terminate the lease earlier, that’s perfectly acceptable. Some buyers and tenants negotiate alternative arrangements that suit everyone involved.”

Goosen advised that buyers intending to occupy the property themselves should establish the lease position before signing the Offer to Purchase.

“One of the most important questions to ask is whether the property is currently tenanted, when the lease expires, and whether any renewal options exist,” he said.

Understanding these details upfront allows buyers to plan their move more effectively and prevents unnecessary disappointment later.

“Rental properties can be excellent investments, but buyers need to understand exactly what they are purchasing. A little due diligence before signing the agreement can prevent significant frustration after transfer,” he said.

What rights do landlords have in South Africa

The Rental Housing Tribunal has the authority to deal with disputes, complaints, or problems between tenants and landlords in rental properties.

Any practice unreasonably prejudicing the rights or interests of a tenant or a landowner may, amongst other things, relate to:

• Illegal lockouts or illegal disconnection of services, such as water, electricity
• Failure to refund a deposit
• Damage to property
• Demolitions and conversions
• Illegal evictions
• Forced entry
• Non-compliance with house rules
• Harassment and intimidation
• Unlawful seizure of tenants’ goods
• Causing a nuisance
• Overcrowding and causing health hazards
• Lack of maintenance and repairs
• Non-payment of rent

Per the Rental Housing Tribunal, landowners have several rights and obligations when leasing residential property.

They have the right to receive rent and other agreed charges on time and to recover unpaid amounts through a court order or a Tribunal ruling.

Landlords can also terminate a lease if the reasons are stated in the agreement and do not amount to an unfair practice.

They are also entitled to have the property returned in good condition at the end of the lease, to repossess it once a legal order has been obtained, and to claim compensation for damage caused by the tenant.

At the same time, they must provide the property in a reasonably clean and well-maintained condition, taking its age and character into account, and comply with applicable health, safety, and building regulations.

If the property does not have a piped water supply, the landowner must provide adequate means for collecting and storing water.

Landowners must also take reasonable steps to ensure tenants can peacefully enjoy their homes without interference from other tenants.

Essential services, including water, electricity, gas, and telephone services, may not be terminated or interfered with except when necessary to prevent danger or carry out maintenance.

Landowners may also be required to compensate tenants for reasonable repair costs where the repairs were serious, urgent or likely to cause injury.

Importantly, this rule only applies if the damage was not the tenant’s fault and the tenant attempted to notify the landowner.

However, under the Rental Housing Tribunal, landowners are not responsible for repairing or paying for damage caused by the tenant.