The rent is late again. Your tenant promises to catch up, pays part of what is owed, then misses the next payment. Meanwhile, your bond, rates, and maintenance costs still demand payment on time.

Rental arrears can turn a reliable income into a monthly shortfall, and the longer arrears continue, the harder they are to recover. With the holiday season approaching, now is a good time to confirm exactly what is owed and decide on your next step before another payment falls due.

In South Africa, residential leases are governed mainly by the Rental Housing Act 50 of 1999 and the terms of your lease. The Consumer Protection Act 68 of 2008 may also apply. 

This guide explains what you can do if arrears continue, and how to use both legal remedies and dispute resolution processes to protect your position before the holiday shutdown.

Start with your rental records

Before you send another reminder, put the rental account in order. You should be able to show what was due, what you received, and how the balance was worked out.

Gather:

• the lease and any amendments
• a month-by-month statement of rent due and paid
• bank statements showing payments received
• emails, letters, and messages with your tenant

Save any message in which your tenant promises to pay or agrees to an arrangement. If you discuss the account by telephone, follow up with a short email or message confirming what was agreed.

A clear record shows you whether your tenant is genuinely catching up or whether the shortfall is still growing. It is also the first thing your attorney will ask for.

Check your lease

Your lease sets the ground rules for dealing with non-payment. Look at:

• the date rent is due
• what counts as a breach and what must happen next
• how notices must be delivered, and to which address
  

Where the Consumer Protection Act applies, which is generally to fixed-term leases where the landlord lets property in the ordinary course of business, you must usually give your tenant 20 business days' written notice to remedy a material breach before you can cancel.The wording, delivery method, and timing of a notice all matter. A template copied from the internet may not suit your tenancy, so have your notice checked before you send it.

Put payment arrangements in writing

If your tenant's difficulty seems temporary, a repayment arrangement may help both of you. But "I'll catch up soon" is not something you can plan around.

If you agree to instalments, record:

• the total arrears
• the instalment amounts and payment dates
• that the current month's rent must still be paid in full and on time

That last point is important. Without it, payments towards old arrears can hide a new shortfall building up on the current month.Ask your attorney to help you document the arrangement, including what happens if it is not honoured. Then keep an eye on the agreed dates and follow up promptly on any missed payment.

Know your options

Recovering unpaid rent and getting your property back are two different goals. They may follow different legal routes.

Depending on your situation, you may:

• send a letter of demand and, if needed, institute legal proceedings to recover the arrears
• agree on a written repayment plan
• lodge a complaint with the Rental Housing Tribunal, a free dispute resolution body established under the Rental Housing Act
• cancel the lease lawfully and, if the tenant does not leave, apply for an eviction order
  

What you cannot do

Section 26(3) of the Constitution states that no one may be evicted from their home without a court order. For residential property, this means you cannot change the locks or lock your tenant out, cut off water or electricity, or remove your tenant's belongings to cover the arrears.

A landlord does have a legal claim over a tenant's movable goods on the property for unpaid rent, known as the landlord's hypothec. However, it can only be enforced through the courts.

Evicting a residential occupier requires a court order under the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 (PIE Act). Where the home is on farmland or linked to farm employment, the Extension of Security of Tenure Act 62 of 1997 (ESTA) may apply instead, with its own procedures. This is particularly relevant in the agricultural areas around Pongola.

Why acting now matters

Arrears seldom stay small. Each missed month adds to the balance, and a tenant who is already behind may find it harder to catch up after the festive season.

The holidays can also slow things down. You may be away, and many offices close or work with fewer staff over December and early January.

Before you leave:

• confirm the outstanding balance
• note any missed repayment commitments
• decide who will monitor payments while you are away
• if formal action is needed, discuss the process and likely timing with your attorney

Starting now does not guarantee a resolution before the holidays, but it gives you a clear plan instead of a bigger problem in January.

Protect your rental income

You do not have to wait until the arrears become unmanageable to get help. A review of your account and lease can show you where you stand and which steps make sense for your property.

Weich & Kriel assists landlords in Pongola and the wider Northern KwaZulu-Natal region with debt collection and the recovery of rental arrears. Speak to our team about your outstanding account and the right next steps for your situation.

Discuss your rental arrears

Frequently asked questions

1. What can a landlord do if a tenant does not pay rent?
Confirm the amount outstanding, contact the tenant in writing, and review your lease. If payment remains overdue, you can send a letter of demand, agree on a written repayment plan, approach the Rental Housing Tribunal, or take legal steps to recover the arrears.

2. Can a landlord change the locks if rent is unpaid?

No. You cannot lock a residential tenant out, cut off services, or remove their belongings to force payment or departure. Section 26(3) of the Constitution requires a court order before anyone is evicted from their home.

3. How much notice must a landlord give before cancelling a lease for non-payment?

It depends on the lease and the law that applies. Where the Consumer Protection Act applies, a landlord must generally give 20 business days' written notice to remedy the breach before cancelling. Have the requirements checked before sending a notice.

4. Is recovering rent the same as evicting a tenant?

No. Recovering rent concerns money owed, while eviction concerns possession of the property. They may require different proceedings, and cancelling a lease does not on its own allow you to remove an occupant.

5. Can a landlord take a tenant to the Rental Housing Tribunal for unpaid rent?

Yes. Landlords and tenants can lodge complaints with the Rental Housing Tribunal in their province. The service is free, and the tribunal can mediate and make rulings on rental disputes, including arrears.

While every reasonable effort is taken to ensure the accuracy and soundness of the contents of this publication, neither the writers of articles nor the publisher will bear any responsibility for the consequences of any actions based on information or recommendations contained herein. Our material is for informational purposes.