Tenant key handover problems usually surface at the worst time — the moment of occupation. You arrive for the ingoing inspection and discover the person at the door isn’t the tenant who signed the lease. In South Africa, that’s a red flag with real legal and operational risk for agents and landlords.

That’s exactly what happened in the real-world case study unpacked during Episode 2508 of Inner Circle LIVE with guest expert Ismaiel Mohamed (Director, MML Inc Attorneys). We explored the risks, the legal implications, and the correct actions when the person taking keys isn’t a party to the lease.

Tenant Key Handover Problems: What Should Agents Do First?

• Pause handover — don’t proceed with keys until the identity and authority of the person are confirmed.
• Document everything — time, people present, statements made, and photos where appropriate.
• Escalate — alert your principal and, where necessary, the landlord’s attorney before any keys are released.

What the Lease and Law Expect

The lease determines who may take occupation and receive keys. If the person isn’t named (or formally added), releasing keys can undermine the lease and your client’s position. Key risks include:

• Unlawful occupation or disputes about who is the tenant of record
• Notice and breach issues if contact details and parties aren’t aligned

Remember: the Rental Housing Act and its regulations require the ingoing inspection to be conducted jointly by the landlord/agent and the tenant named on the lease. If an unlisted person is present at key handover, pause and correct the paperwork first (e.g., addendum or co-occupant clause) — otherwise you risk creating or enabling unlawful occupation.

Prevention Beats Cure

Most tenant key handover problems can be avoided with clear pre-handover steps:

• Identity verification — confirm ID at the inspection against the lease.
• Process training — align your team on a standard move-in checklist and escalation path.

Related Guidance

For adjacent risk points and best practice, see our articles on tenant vetting and lease renewals. Both processes help reduce move-in day surprises.

Practical Takeaways

If someone other than the leaseholder shows up to move in, treat it as a compliance event — not admin. Pause, verify, document, and escalate. The goal is a lawful, documented occupation that matches the lease, not an avoidable dispute later. Handling tenant key handover problems well protects your landlord, the tenancy, and your professional standing.

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