LANDLORDS who force tenants out of rented homes or unlawfully take possession of their premises could face a fine of up to E10 000 and five years’ imprisonment.
This is contained in the Residential Tenancy Agreement Bill, 2026, which will be implemented once promulgated into an Act.
The Bill makes it an offence for a landlord to compel or attempt to compel a tenant to vacate a rented property or to obtain possession by unlawfully entering the premises instead of following the legal process.
Beyond introducing tougher penalties against unlawful evictions, the proposed law also offers protection to tenants whose personal circumstances suddenly change.
Under the Bill, tenants who become mentally or physically ill, lose their source of income, move into social housing or an aged-care facility, or face an event that makes continued occupation of the property difficult or impossible would be exempt from certain early-termination penalties.
Ordinarily, a tenant ending a tenancy before the required notice period would have to pay rent due and forfeit half of the security deposit.
For periodic tenancy agreements, tenants are required to give at least 30 working days’ written notice before moving out, with failure to comply potentially resulting in the forfeiture of the security deposit.
However, these financial penalties would not apply where termination falls under the four exceptional circumstances listed in the Bill.
The proposed exemption could provide relief to tenants whose lives change unexpectedly and who can no longer reasonably remain in their rented homes.
The Bill further provides that a tenant may terminate an agreement, where the landlord has breached the tenancy agreement or where the premises have become unsafe or unfit for human occupation.
At the same time, landlords would retain the right to claim compensation for damage caused to the property beyond normal wear and tear.
The proposed law also requires landlords to issue receipts for rent payments, showing the amount paid, the period covered and any outstanding balance.
New Bill brings registrar to oversee landlord-tenant disputes
LANDLORDS and tenants will have a dedicated officer to turn to in the event of rental disputes, according to the proposed Residential Tenancy Agreement Bill, 2026.
The Bill provides for the appointment of a registrar of residential tenancies, supported by assistant registrars to be deployed to the country’s four regions.
The proposed office will be responsible for maintaining a register of tenancy agreements, advising landlords and tenants on their rights and obligations, and educating the public about rental practices and available remedies.
The registrar will have powers to investigate complaints involving alleged violations of the proposed law or breaches of tenancy agreements, request information in writing, summon parties to meetings and subpoena witnesses.
The registrar could also refuse to register or cancel a tenancy agreement that does not comply with the Act, and mediate, advise on or determine matters arising from rental agreements.
The involvement of the registrar will extend to several disputes, including disagreements over excessive rent increases, failure by a landlord to carry out repairs, termination of a tenancy and applications for possession of rented premises.
For instance, a tenant who believes a rent increase is excessive would first be expected to ask the landlord in writing to reduce it.
If the landlord refuses, the tenant could apply to the registrar, who would consider factors such as comparable rents in the area, the condition of the property and the costs of services provided.
The Bill further proposes a written dispute-resolution process. A party would first have to attempt to resolve the matter directly with the other party before applying to the registrar.
Where an application meets the requirements, the registrar would be required to hear and determine the dispute within 30 working days and issue a written ruling, including reasons, within seven working days after concluding the application.
If, for any reason, a party is not satisfied with the registrar’s decision, they could appeal to a proposed Residential Tenancy Appeals Tribunal within 14 days of being notified of the decision.
A further review at the High Court would be possible within 30 working days of the tribunal’s decision.
The Bill also proposes residential tenancy inspectors to assist with physical inspections of rented premises and check compliance.
“A person who enters into an agreement or arrangement with intent either directly or indirectly to defeat, evade or prevent the operations of this Act, commits an offence and is liable on conviction, to pay a fine not exceeding ten thousand Emalangeni (E10 000) or a term of imprisonment not exceeding five (5) years or both,” the Bill states.
14-day deadline to return rental deposits
LANDLORDS will be required to return tenants’ security deposits within 14 days of the termination of a tenancy agreement, provided specified conditions have been met.
Section 20 of the proposed Residential Tenancy Agreement Bill states that a landlord must repay the deposit within 14 days, where the property has been returned in the condition described in the condition report, allowing for normal wear and tear.
Also, in the event there is no unpaid rent or other outstanding charges payable by the tenant, the proposed law will allow a landlord to retain part or all of the deposit where these conditions have been breached, but only up to the amount required to rectify the breach.
This means deductions could be made where the property has been damaged beyond normal wear and tear, rent remains unpaid or the tenant owes other outstanding charges.
The Bill also proposes limits on the amount landlords can collect at the beginning of a tenancy.
Section 19 prohibits collecting more than one security deposit for the same agreement or demanding a deposit exceeding one month’s rent.
“Anyone receiving a security deposit would also have to provide a receipt identifying the tenant and rented premises, the date of payment, the amount paid and the fact that it was a security deposit,” the Bill says. The Bill also requires a final condition report when the tenancy agreement ends, helping establish the state of the property at the point of departure.
The Bill expressly allows for normal wear and tear, meaning the property does not have to be returned in a condition that ignores ordinary deterioration from use.
Bill to protect tenants’ privacy, quiet enjoyment
TENANTS could receive clearer protection against unnecessary interference in their homes under the proposed Residential Tenancy Agreement Bill, 2026, which requires landlords to take all reasonable steps to guarantee quiet enjoyment of rented premises.
The Bill wants landlords to provide premises that are vacant, reasonably clean and ready for occupation on the agreed date.
It also requires them to take reasonable steps to ensure tenants can enjoy the property peacefully during the tenancy.
The Bill, however, also places responsibilities on tenants.
“A tenant would not be allowed to use the premises, or permit them to be used, for purposes that contravene the tenancy agreement or any other law,” the Bill says in Section 7.
Tenants will also be prohibited from using the property in a way that causes a nuisance.
It states that where a tenant causes a nuisance, the landlord would have to give the tenant 48 hours to rectify the breach before enforcing a right in respect of it.
That grace period would not apply where the same tenant had committed the same breach on at least two previous occasions and had already received the grace period in those instances.
The Bill entry into the premises would be permitted for a lawful inspection of the property’s condition.
“In specified circumstances, including showing the property to prospective tenants or buyers, carrying out a lawful duty, conducting a valuation or investigating a suspected failure to meet tenancy obligations, the landlord could enter between 8am and 8pm after giving at least 24 hours’ notice,” it states.
The notice would have to state the reason for entry and be delivered by post or between 8am and 8pm.
The landlord or agent would be required to act reasonably and could not stay longer than necessary without the tenant’s consent.
Tenants to be reimbursed for urgent repairs
TENANTS could be able to arrange certain urgent repairs themselves and recover the reasonable costs from their landlords.
Section 10 of the Bill provides that a tenant may carry out urgent repairs listed in the condition report after notifying the landlord within 24 hours of the damage occurring.
The landlord would be liable to reimburse the tenant for reasonable repair costs. However, reimbursement would not become due under the proposed provision until 30 days after the tenant gives the landlord written notice specifying the repairs carried out and their cost.
The Bill defines urgent repairs to include a damaged geyser, malfunctioning toilet, septic tank system problems, roof leaks, electrical faults, serious storm or fire damage, flooding and serious flood damage.
It also covers a breakdown in electricity or water supply, failure of an essential service or appliance provided by the landlord, a serious fault in a lift or staircase and damage that makes the premises unsafe or inaccessible.
The Bill also requires tenants who become aware of damage to the premises to notify the landlord immediately, specifying the nature of the damage.
