The Rental Housing Act: What Cape Town Landlords and Tenants Need to Know

The Rental Housing Act 50 of 1999, as amended in 2007, governs every residential lease in South Africa, and no lease can take away the protections it gives. This guide from The Property Bureau in Cape Town explains what the Act requires in practice. It is general information, not legal advice.

What the Act covers

The Rental Housing Act applies to residential leases in South Africa. It sets the basic framework for the landlord and tenant relationship: when a lease must be in writing, how deposits must be handled, how inspections work, and where disputes go. Section 5(4) says its standard provisions cannot be waived by the tenant or the landlord, so a lease clause that tries to remove those rights will not stand.

Key rights for tenants

• A written lease on request. Under section 5(2), the landlord must reduce the lease to writing if the tenant asks
• A deposit held in an interest-bearing account, with written proof of the interest on request. The deposit and interest must be refunded within 7 days of the lease ending if nothing is owed, or within 14 days of the property being handed back if deductions are made
• A joint inspection at the start and at the end of the tenancy
• Privacy. Under section 4(2), the landlord/agent may only inspect in a reasonable manner after reasonable notice
• The right to refer disputes to the Rental Housing Tribunal at no cost

Key rights for landlords

The Act is not only a tenant’s charter. Section 4(5) gives the landlord the right to:

• Prompt and regular payment of the rent and any charges due under the lease
• Recover unpaid rent after obtaining a ruling from the Tribunal or an order of court
• End the lease on grounds that are set out in the lease and are not an unfair practice
• Receive the property back in a good state of repair, apart from fair wear and tear

Key obligations for landlords

• Provide a written lease if the tenant asks for one
• Place the deposit in an interest-bearing account and give written proof of the interest on request
• Carry out the ingoing and outgoing inspections with the tenant. If the landlord/agent fails to, the property is treated as returned in good repair
• Keep the property fit for living in, including the structure, roof, plumbing and electrical systems
• Give reasonable notice before entering. In practice that is usually 24 hours, except in an emergency

Dispute resolution: the Rental Housing Tribunal

The Rental Housing Tribunal is a free dispute resolution service for landlords and tenants. In the Western Cape it is run by the provincial Department of Infrastructure, and you can represent yourself. It hears complaints such as a landlord failing to maintain the property or provide services like water and refuse removal, disagreements about rent, non-payment and damage. A Tribunal ruling is deemed to be an order of a magistrate’s court under section 13(13), and failing to comply with one is an offence under section 16. For most disputes, the Tribunal is faster and cheaper than going to court.

The Tribunal does not grant eviction orders. If a tenant will not leave, the landlord must apply to court under the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (the PIE Act).

The 2014 Amendment Act, and why it does not yet apply

This is where a lot of published advice goes wrong, including advice from people who should know better. The Rental Housing Amendment Act 35 of 2014 was assented to on 5 November 2014, but its commencement has never been proclaimed in the Government Gazette. As at 25 September 2026, the government’s own record still lists its commencement as “to be proclaimed”. The provisions it would insert, including the compulsory written lease and the reworked deposit sections 4A and 4B, are not in force. What binds you today is the principal Act of 1999 as amended in 2007. When the 2014 Act is eventually proclaimed, section 21 allows a further six months before its new obligations take effect, so there will be warning. Until then, treat any article telling you to comply with “the amended Act” with caution.

Frequently asked questions

Does a residential lease have to be in writing in South Africa?

Not yet as a blanket rule. Under the Act currently in force, the landlord must put the lease in writing if the tenant asks. The 2014 Amendment Act would make a written lease compulsory, but it has not come into force.

How long does a landlord have to refund a deposit?

Within 7 days of the lease ending if nothing is owed, with the interest earned. If the landlord makes deductions, the balance is due within 14 days of the property being handed back.

Can a landlord/agent enter the property without notice?

Only in an emergency. Otherwise the landlord/agent may inspect in a reasonable manner after reasonable notice, which in practice is usually 24 hours.

Is the Rental Housing Tribunal free?

Yes. It is free for landlords and tenants, and you can represent yourself. In the Western Cape it is run by the Department of Infrastructure.

Is the Rental Housing Amendment Act 2014 in force?

No. As at 25 September 2026 its commencement had not been proclaimed. Once it is, landlords and tenants will have six months to meet the new obligations.

We manage rentals across Cape Town’s Southern Suburbs, from Rondebosch and Claremont to Kenilworth and Wynberg, and apply these rules on every lease. If you have a question about your rights or obligations under the Rental Housing Act, get in touch with our team.

For practical guidance on related topics, see our articles on what to check before signing a lease and landlord legal obligations. Landlords can visit our landlord services page or our property management page; tenants can find further information on our tenant page.

Sources: Rental Housing Act 50 of 1999, sections 4, 5, 13 and 16; Rental Housing Amendment Act 35 of 2014, sections 21 and 22 (gov.za); Western Cape Government, Rental Housing Tribunal. Checked 25 September 2026. General information, not legal advice.