Legal changes for renters and landlords on the cards in South Africa

Looming updates to the Rental Housing Act have introduced important changes affecting both property owners and tenants.

The South African Rental Housing Act provides a framework for the relationship between landlords and tenants, and aims to promote fair and equitable rental housing practices.

It outlines the rights and responsibilities of both parties, establishes mechanisms for conflict resolution, and provides for the establishment of Rental Housing Tribunals.

The legislation, which is enforced by the Department of Human Settlements, regulates things like lease agreements, evictions and rental deposits.

There are plans to update the Rental Housing Act to create a more balanced and transparent rental environment.

Understanding these changes is crucial for both landlords and tenants to ensure compliance and protect their respective interests.

One of the most notable updates set to be implemented this year is the strengthened requirement for written lease agreements.

The 2025 amendments now impose stricter penalties for non-compliance, with fines of up to R15,000 for landlords who fail to provide written agreements upon tenant request.

These documents must clearly outline all terms and conditions, including rental amounts, payment dates, deposit details, maintenance responsibilities, and notice periods.

The Landlord Association of South Africa (LASA) noted that, as per the amended Rental Housing Act, all lease agreements should include:

• Names and ID numbers of the landlord and tenant
• Description and address of the rental property
• Monthly rental amount and payment date
• Deposit amount and conditions for its return
• Maintenance responsibilities
• Notice periods for termination

Landlords are also likely to be pushed to provide written proof that deposits are held in interest-bearing accounts within 14 days of receipt.

Additionally, the timeframe for returning deposits may be standardised to seven days after lease termination if there are no disputes. If a dispute arises about the deposit, tenants can refer the matter to the Rental Housing Tribunal.

Landlords may be required to conduct joint incoming and outgoing inspections. Failure to perform these inspections can prevent the landlord from making any deductions.