Tenant Rights South Africa 2025: Rental Housing Act Compliance Guide

The Rental Housing Act 50 of 1999, as amended, gives tenants powerful protections against unfair landlords. Whether you rent a backyard flat, apartment, or family home, this guide explains the rules for habitable housing, privacy, deposits, and how to cancel a lease legally.

🏠 Fast fact: Landlords who ignore the Act can face tribunal orders, fines, and even criminal penalties for repeated non-compliance.

Understand Your Right to a Habitable Home

South African landlords must deliver a property that is safe, hygienic, and fit for human habitation.

• Provide functioning water, sanitation, and electricity when these services were promised in the lease.
• Maintain structural elements—roof, walls, windows, doors—to prevent leaks and safety hazards.
• Address pests, mould, and damp swiftly. These conditions can breach health bylaws and allow tenants to claim rent reductions.
• Issue written notice before turning off essential services; unlawful disconnections amount to constructive eviction.

Inspection checklists that protect you

• Pre-occupation inspection: Document defects with photos and a signed checklist. This determines how the deposit is handled on exit.
• Exit inspection: Conduct within three days of moving out. If the landlord fails to attend, they lose the right to claim damages from your deposit.
• Emergency repairs: Tenants can arrange urgent repairs and deduct costs if the landlord unreasonably refuses to act (keep invoices and proof of notice).

Privacy and Access Rules

A lease gives tenants a legal right to undisturbed use and enjoyment of the property.

• Landlords must give at least 24 hours’ written notice before entering, except in emergencies like fire, gas leaks, or burst pipes.
• Scheduled inspections should occur during reasonable hours and be limited in frequency.
• Harassment, threats, or surprise visits can be reported to the Rental Housing Tribunal for immediate relief.

🔐 Tip: Communicate via email or WhatsApp to create a timestamped record of all access arrangements.

Must-Have Clauses in a Written Lease Agreement

Even though verbal leases are valid, written agreements reduce disputes. Request a signed copy that covers:

1. Monthly rental, deposit, and escalation formula.
2. Lease term and renewal rules.
3. Maintenance responsibilities for both parties.
4. Utility charges and how they’re calculated.
5. House rules for pets, parking, and shared facilities.

Landlords must provide a receipt for every payment and keep records for at least three years. Deposits must be invested in an interest-bearing account, and the accrued interest belongs to the tenant.

Cancelling a Lease Under the Consumer Protection Act

The CPA applies to most fixed-term residential leases signed by individuals.

• Give 20 business days’ written notice to cancel early.
• Expect a reasonable cancellation fee—typically one to two months’ rent depending on re-letting costs.
• Landlords must mitigate losses by advertising the property quickly; they cannot demand rent for the full remaining term.
• If the landlord breaches the lease (for example, failing to maintain the property), demand compliance and cancel without penalty if they don’t respond within 20 business days.

What happens to your deposit when you cancel?

• Landlords may deduct unpaid rent, municipal charges, and proven damages.
• Provide receipts for any repairs they claim. Disputed deductions can be escalated to the Tribunal.
• Refund the balance within 7 days of final inspection, or within 14 days if deductions apply.

Where to Get Help When a Landlord Oversteps

1. Rental Housing Tribunal (RHT): Each province offers free dispute resolution. File complaints online or in person.
2. Municipal housing departments: Useful for bylaw breaches, illegal utility disconnections, or overcrowding complaints.
3. Human Settlements inspectors: Investigate slum conditions and health hazards.
4. Community Schemes Ombud Service (CSOS): Handles disputes in sectional title or homeowners’ associations.
5. Legal Aid South Africa: Provides representation for qualifying tenants in severe disputes.

Frequently Asked Questions

Can a landlord increase rent mid-lease?

Only if the lease allows it. Otherwise, rent adjustments occur at renewal with at least one month’s notice.

How often can landlords inspect the property?

Reasonable frequency—usually quarterly—unless there’s a valid concern. Excessive inspections may be harassment.

What if the landlord refuses to fix serious problems?

Send written notice with a deadline. If ignored, escalate to the RHT and consider withholding rent into an attorney’s trust account until repairs are done.

Can tenants make improvements?

Yes, but get written approval first. Clarify whether improvements belong to you or the landlord at the end of the lease.

Action Plan for Tenants in 2025

• Create a digital file for lease documents, inspections, and correspondence.
• Request a utility statement every month to verify consumption.
• Use affordable renters’ insurance to cover personal belongings and liability claims.
• Join tenant community groups for referrals to repair professionals and legal advisors.

Legal Sources

1. Rental Housing Act 50 of 1999 (as amended by Act 35 of 2014).
2. Rental Housing Regulations, Government Gazette No. 41146 of 2017.
3. Consumer Protection Act 68 of 2008, Section 14.
4. Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 (PIE Act).
5. Gauteng Rental Housing Tribunal Annual Report 2024.