Lease Renewals in South Africa – Errors to Avoid
Lease renewals in South Africa – Avoid costly rental disputes. Learn the top errors to avoid and download our free Lease Renewal Addendum (LA001), which includes critical updates like notice delivery contact details that most addenda overlook.
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Lease renewals in South Africa are often treated casually, but they’re one of the biggest sources of mistakes, disputes, and compliance failures. Avoiding these errors protects landlords, tenants, and your brand. For clarity, this guide focuses on lease renewals in South Africa best practices agents can apply immediately.
❌ Error 1: Thinking a Renewal Is a Tenant’s Right
A fixed-term lease ends on its expiry date. The landlord is not obliged to extend or renew unless they choose to — and they’re entitled to decide whether to renew at all, on what terms, and with which tenant.
A renewal can be a new agreement (best practice) or a continuation of the old one (not recommended as your landlord is not getting the benefit of updated lease terms and conditions). If you are, however, using a renewal addendum, it’s important to make sure it includes updating of critical information like the contact details for delivery of notices to avoid problems later.
❌ Error 2: Skipping Lease Renewal Notices in South Africa
Almost all renewal issues stem from this step being missed. Section 14 of the Consumer Protection Act requires that tenants receive a clear notice in all cases 40–80 business days before the end of the fixed term. Also see the Rental Housing Act for complementary obligations.
Often termed the 40–80 business day notice, this is a must and must include the required information as per the CPA. Miss it, and you risk disputes and unfavourable outcomes. In lease renewals in South Africa practice, this single miss is the most common cause of tribunal disputes.
❌ Error 3: Not Updating Contact Details Formally
Tenants and landlords change email addresses, phone numbers, and physical addresses — but those updates often never make it into the lease. Later, when you send a notice (non-renewal, increase, breach), it may go to an outdated address and be invalid if challenged.
Best practice (our view): Always renew using full lease terms rather than an addendum. Leases should be updated at least annually to ensure the strongest protection for the landlord and the agent.
If you do choose to use an addendum, make sure it includes updated rent, any required deposit top-up, and the latest notice/contact details for both parties to avoid disputes — a key step in lease renewals in South Africa.
❌ Error 4: Forgetting to Adjust Deposits
If rent increases, the deposit should usually be topped up to match the new rental. Missing this leaves landlords under-secured if there’s damage or default.
❌ Error 5: Overlooking Business Risk in Lease Renewals in South Africa
Business owners and principals may not draft renewals themselves — but they carry the risk. Poorly handled renewals lead to tribunal cases, arrears, and reputational damage. Implementing a consistent, compliant renewal process protects the brand and reduces risk.
❌ Error 6: Not Updating Tenant Income Information or Confirmation
Renewals are not “set and forget”. Re-confirm the tenant’s current employment and income (latest payslips, bank statements or accountant’s letter for self-employed) and document any changes since the original lease. Without fresh verification you can miss early warning signs and expose the landlord to arrears risk. In lease renewals in South Africa scenarios, this check is often the difference between a smooth year and months of arrears. For more detail on why this matters, read our article on tenant vetting and the shocking truth behind fraudulent applications.
❌ Error 7: Skipping an Affordability Assessment on the New Rent
Always reassess affordability against the new rental amount and the tenant’s current income. Consider other obligations (debt repayments, utilities, sectional title levies passed on, etc.). An affordability assessment should be a non-negotiable part of every renewal to prevent avoidable defaults, especially in lease renewals in South Africa where inflationary increases can compound risk.
❌ Error 8: Renewing a Tenant Who Is in Breach
Never renew a tenant who is in breach of their current lease — whether due to arrears, repeated late payments, or other violations. Extending a fixed term in these cases undermines the landlord’s legal position and makes it harder to take enforcement action later.
Free Download: Lease Renewal Addendum (LA001) for South Africa
This addendum is aligned to lease renewals in South Africa best practice. Complete the form below to get the download link immediately on this page.
How to use the addendum
- Fill in the renewal dates and number of months.
- Confirm the new rent and any required deposit top-up.
- Update both parties’ notice details (email, phone, physical address).
- Have both parties sign and file it with the original lease.
Legal disclaimer
This template supports best-practice rental management. It is not legal advice. When in doubt, consult an attorney.
Conclusion: Lease Renewals in South Africa — Keep It Compliant
Lease renewals in South Africa don’t have to be complicated — but they do require a consistent, compliant process. By avoiding the common errors above and using the right documentation, agents can protect landlords, reduce risk, and strengthen their businesses. We strongly believe that the best practice is to use full lease terms when renewing a lease, but we know that in practice a simple addendum is used, so to help you, we’ve prepared a free Lease Renewal Addendum (LA001) that covers the essential updates every renewal should include. Download it today and make sure your next renewal is handled with confidence.
FAQs on Lease Renewals in South Africa
What notice period is required for lease renewals in South Africa?
Provide the tenant with 40–80 business days’ notice before the end of the fixed term in accordance with the Consumer Protection Act.
Is a renewal addendum enough for lease renewals in South Africa?
Best practice is a new full lease. If using an addendum, update rent, deposit top-up, and both parties’ notice/contact details.
Should affordability be rechecked at renewal?
Yes. Reassess affordability against the new rent and current income to reduce arrears risk. See our guidance on tenant vetting for more.
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