South African tenants are experiencing growing pressure as rents continue to rise. According to the latest PayProp Rental Index, 16.9% of tenants were in arrears in the second quarter of 2026, a slight increase from 16.7% in the first quarter. Although this remains close to historic lows, tenants who are behind on payments owe an average of 73.5% of one month's rent, down from 74.3% in the previous quarter.
The average residential rent in South Africa reached a record R9,715 in the second quarter, representing an increase of R133 from the previous quarter and 5.2% higher than a year earlier. For tenants struggling to keep up with payments, falling into arrears does not automatically mean a landlord can evict them. Recent High Court judgments emphasize that landlords must follow the required process before removing a tenant from their home.
In a recent judgment, the KwaZulu-Natal High Court ordered tenants who had occupied a Durban property without paying rent for over 12 years to vacate the premises. The dispute, which began in 2014, involved an earlier attempt to cancel the lease that was deemed unlawful due to insufficient notice given to the tenants. After a second notice was issued in 2025, allowing the tenants a month to remedy their breach, the court ruled that the lease had been lawfully cancelled, and the tenants were ordered to leave by 15 October 2026.
A similar case in Johannesburg, decided on 23 July 2026, involved a tenant who had defaulted on payments shortly after taking occupation. The Gauteng High Court heard that the landlord had issued demands and cancellation notices, eventually launching eviction proceedings in July 2024. By April 2025, the arrears totalled R188,579.96, although the tenant disputed the amount, arguing that deductions from prepaid electricity purchases had not been properly accounted for.
The Prevention of Illegal Eviction from and Unlawful Occupation of Land Act, known as PIE, governs residential evictions in South Africa and requires a court order before an unlawful occupier can be evicted. The Constitutional Court has established that PIE necessitates courts to consider whether an eviction would be just and equitable, taking into account relevant circumstances such as the availability of alternative accommodation for relocation.
Recent cases highlight the importance of following the correct eviction process. In Lukhele and Others v Humayl Properties, the Gauteng High Court found an eviction unlawful and ordered that possession of the property be restored to the occupants, prohibiting the property owners from interfering with their possession while the eviction proceedings were pending.
Ultimately, the South African courts emphasize that allegations of owed money or a tenant's right to remain do not permit a landlord to bypass a court-ordered eviction. Landlords must adhere to the required process, considering factors such as the presence of minor children and the availability of alternative accommodation, to ensure a lawful and equitable eviction.
Key points
- Tenants in arrears should be aware of their rights and the required eviction process.
- Landlords must follow the correct process before evicting a tenant.
- The Prevention of Illegal Eviction from and Unlawful Occupation of Land Act governs residential evictions in South Africa.
