Breaking something or late paying rent in South Africa – here’s what to do

Although life can get in the way and renters can make mistakes, it is crucial that they tell their landlord so no further issues arise.

Rental agents from the Seeff Property Group said that tenants must ensure that they pay attention to the breach clauses in the contracts, as any failures can have serious consequences.

A breach of contract occurs when one is unable to fulfil their obligations – such as damage to property – or performs them late – like not paying rent on time.

“The notice to remedy a breach must be in writing and provide a stipulated number of days within which to remedy the breach. The period should be set out in the lease. If not, it must be 20 working days in terms of the Consumer Protection Act (CPA),” Seeff said.

“The notice should stipulate the details of the breach and what must be done to remedy the breach. For example, in the case of non-payment of rent, it should set out the amount of rent outstanding and by which date it must be paid, or by which date the repairs must be made as the case may be.”

The notice should also stipulate the consequences which will follow should the tenant fail to remedy the breach. Upon receipt of the notice, the tenant should immediately study it and contact the landlord to make appropriate arrangements.”

If the breach is disputed by the tenant, they must do so in writing and provide evidence. If rent has been paid but was late and is not reflecting, the landlord should be notified by the tenant.

When it comes to damages that cannot be fixed straight away, the tenant must make appropriate arrangements with the landlord.

“The landlord’s response will largely depend on the nature of the breach and history of the tenant,” Seeff said.

Problematic tenants will likely not get any leeway from their landlord, emphasizing the importance of a tenant looking after the property and paying rent on time.

If the tenant cannot fix the issue within a specified time period or make suitable arrangements, the landlord has the power to escalate the matter, which could lead to an eviction procedure.

However, tenants do still have power in the relationship.

“A tenant can also issue a notice to remedy a breach if the landlord fails to execute its duties. This could, for example, relate to vital repairs which need to be carried out or if the landlord enters the premises without your permission,” Seeff said.

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