That distinction matters. Proposed changes contained in that Amendment Act should not be presented as though they are already the law.
Rental legislation is often more complicated than the headline suggests.
A new Act can be signed but not yet operational. An amendment can exist on paper but still require a commencement proclamation. An established legal rule can also be confused with a recommended management practice.
For landlords and tenants, the practical question is therefore not simply:
1. The Big Rental Housing Amendment Everyone Keeps Talking About
The Rental Housing Amendment Act 35 of 2014 is real.
It contains significant proposed changes to South Africa's rental-housing framework.
Among other things, the Amendment Act is intended to strengthen and clarify landlord and tenant rights and obligations, expand Rental Housing Tribunal structures and change certain requirements relating to leases.
But there is an extremely important legal detail:
The commencement of the 2014 Amendment Act still has to be proclaimed. Until that occurs, its uncommenced changes should not be treated as current operative provisions.
A good example: written leases
You may have read that South African rental law now requires every residential lease to be in writing.
That statement needs qualification.
The 2014 Amendment Act contains a provision that would require landlords to reduce leases to writing when that provision commences.
Under the currently operative Rental Housing Act, a lease does not automatically have to be written in every case, although the landlord must reduce it to writing if requested by the tenant.
That does not mean A+ Properties recommends verbal leases.
Quite the opposite.
A properly drafted written lease remains one of the most important ways to record what the landlord and tenant actually agreed.
Read: Why a Written Lease Is Important .
2. Deposits: The Rules Are Not New — But They Still Cause Problems
Deposit disputes remain one of the most common areas of confusion in residential rentals.
The important point is that the rules governing deposits are not suddenly a new 2026 development.
Under the existing Rental Housing Act, where a deposit is required, the Act contains requirements dealing with how that deposit must be handled, interest and what happens when the tenancy ends.
In practice, landlords should keep accurate records and be able to support lawful deductions.
And no, a tenant should not simply announce that the landlord can “keep the deposit” instead of receiving the final month's rent.
Read: Can a Tenant Use Their Deposit as the Last Month's Rent? .
3. Incoming and Outgoing Inspections Still Matter Enormously
This is another area sometimes described online as though it were a recent legal development.
It is not new.
Inspection requirements already form part of South Africa's rental-housing framework.
The practical reason is obvious:
When a tenancy ends, the landlord and tenant may disagree about when damage occurred.
Without a proper starting record, arguments become much harder to resolve.
Read our detailed guide: Why More Rental Disputes Start Because of Poor Inspections .
4. A Landlord Still Cannot Simply Remove a Tenant
Non-payment does not give a landlord permission to bypass lawful process.
Changing locks, removing a tenant's belongings or attempting to force somebody out without the required legal process can create a serious problem for the landlord.
A landlord has rights.
Those rights must still be exercised through lawful procedures.
Cancellation, court proceedings and eviction involve legal requirements that depend on the facts and the applicable law.
If a tenancy has reached the point where eviction may be necessary, landlords should obtain appropriate legal advice rather than improvising the process.
5. Late Rent: Good Administration Matters Before Lawyers Become Necessary
Rental law does not remove the need for practical management.
When rent becomes overdue, delaying action because the tenant has promised to pay can allow arrears to grow and weaken the landlord's record.
A+ Properties' operational approach is simple:
The correct legal remedy will depend on the lease, the nature of the tenancy and the circumstances.
Read: What to Do When a Tenant Pays Rent Late .
6. Tenant Screening Has Become More Sophisticated — But It Must Still Be Fair
Technology has made tenant screening more detailed than it once was.
Identity information, affordability, employment, credit information, bank records, rental history and references can all form part of a modern risk assessment where lawfully obtained and relevant.
But more data does not mean landlords can screen applicants however they like.
Personal information must be handled lawfully and appropriate consent and privacy procedures matter.
Screening should also be applied consistently rather than used to disguise unfair discrimination.
✓ Can the income and employment information be supported?
✓ Is the rental affordable?
✓ What does the available credit information indicate?
✓ What does the rental history indicate?
✓ Are the different pieces of information consistent?
A+ Properties offers a structured Tenant Screening & Risk Assessment for landlords who have already found an applicant as well as landlords using our placement and management services.
7. Rental Fraud Is Not a New Law — But It Is a Modern Compliance Risk
Not every major rental risk is created by a new Act of Parliament.
Rental scams are a good example.
Criminals can copy legitimate advertisements, steal photographs, impersonate owners or agents, create fake documentation and demand money before the victim has properly verified the transaction.
The most useful rule remains simple:
Read: Common Rental Scams in South Africa .
8. Property Practitioners Also Operate Under Their Own Regulatory Framework
Rental law is not the only legislation relevant when an estate agency or property practitioner is involved.
South Africa's Property Practitioners Act created the modern regulatory framework governing property practitioners.
That is one reason landlords should distinguish between:
● What the tenant must do.
● What the property practitioner must do.
● What requires a lawyer or court process.
These responsibilities overlap in places, but they are not identical.
So What Has Actually Changed for the Average Landlord?
Sometimes less than the headlines suggest.
The practical rental environment has certainly become more sophisticated.
Data protection matters more. Screening systems are more advanced. Online rental fraud creates new risks. Property-management records are increasingly digital. Tenants and landlords have easier access to legal information.
But many of the fundamentals remain remarkably consistent:
The 2026 Landlord Compliance Checklist
Rather than trying to memorise every legal headline, landlords can reduce a great deal of rental risk by getting the basics right consistently.
✓ Obtain appropriate consent before processing sensitive application information.
✓ Use a clear written residential lease.
✓ Make rental, deposit, utilities and other charges clear.
✓ Complete the appropriate property-condition inspections.
✓ Keep records of rent and other payments.
✓ Keep invoices and evidence relating to maintenance and deductions.
✓ Deal with late rent promptly and in writing.
✓ Never improvise an eviction or lockout.
✓ Obtain professional advice where the legal position becomes uncertain.
“But I Manage My Own Property”
That is not a problem.
A landlord does not need full property management simply because rental law exists.
Some owners are experienced and comfortable handling their own tenants.
The important thing is knowing where your own knowledge ends and where professional support becomes useful.
A+ Properties gives landlords several ways to work with us:
Do Not Change Your Lease Every Time Facebook Says the Law Changed
This may be one of the most useful pieces of advice in this entire article.
Legal information spreads extremely quickly online.
Unfortunately, the distinction between:
● An Act that has been passed
● An amendment waiting for commencement
● An Act that is actually in force
● A court judgment
● A regulation
● Good industry practice
is often lost by the time the information reaches social media.
Before making an important legal decision, verify the actual legal status or obtain advice from an appropriately qualified professional.
Good Rental Management Is About More Than Knowing the Law
Knowing the rules matters.
But most successful tenancies are not successful because somebody repeatedly quotes legislation.
They work because the fundamentals were handled properly.
The tenant was screened.
The agreement was clear.
The property condition was documented.
Payments were recorded.
Problems were addressed early.
And when the matter became too serious or too legally complicated for ordinary property management, professional advice was obtained.
Don't Wait for a Rental Problem
Before Getting the Process Right.
Whether you want full property management or simply need help with tenant screening, documentation or landlord support, A+ Properties can help you manage your rental more systematically.
Continue in the A+ Landlord Knowledge Centre
Article status: Reviewed for 2026. Particular attention has been given to distinguishing the currently operative Rental Housing Act from provisions contained in the Rental Housing Amendment Act 35 of 2014 that have not yet commenced.