- September 16, 2026
- Posted by: vitalclick
- Category: Property & Real Estate
For landlords, few property problems are more urgent than a tenant who stops paying rent but refuses to leave. Rental income can disappear while rates, levies, insurance and bond repayments continue, leaving property owners carrying mounting costs with limited recourse.
Source: Supplied. Grant Smee, chief executive officer of Only Realty Property Group.
Proposed amendments to South Africa’s Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE) could change how these cases are handled, potentially providing a clearer route through the courts. With landlords watching closely, the proposed reforms could have significant implications for the rental property market and those who depend on rental income.
“Most landlords understand that tenants need legal protection,” says Grant Smee, chief executive officer of Only Realty property group. “The issue is that the current process can leave responsible property owners carrying the financial burden for months while they wait for a lawful eviction to run its course.”
Why PIE exists
PIE was introduced in 1998 to prevent arbitrary evictions and address South Africa’s history of forced removals, where people were removed from land or homes without proper legal process. At its core, the Act means that no person may be evicted without a court order.
Before granting an eviction order, the court must also consider whether an eviction would be “just and equitable”, taking into account the circumstances of the occupier, the length of occupation and whether vulnerable people are affected.
“That historical context matters,” says Smee. “No one wants to return to a system where people can be removed from their homes without due process. But due process should not mean that landlords have no practical protection when a tenant stops paying and refuses to leave.”
What the proposed amendments could mean for landlords
Human Settlements Minister Thembi Simelane released the draft PIE Amendment Bill for public comment in April 2026, following Cabinet approval.
“It’s important to note that the proposed amendments do not remove tenant protections, nor do they allow landlords to bypass the courts – you’ll still need a court order to evict a tenant,” explains Smee.
“However, the changes could make the eviction process clearer, and in some cases, give landlords greater financial protection.”
He shares that the most relevant proposed amendment for private landlords is the possibility of a faster eviction process where they can prove undue financial hardship caused by a non-paying tenant.
The amendments may also introduce intention as an express factor for courts to consider. In practice, this could help separate cases of genuine tenant hardship from cases where an occupier remains in the property in bad faith, despite the lease having been cancelled and their legal right to occupy the property having come to an end.
The amended PIE laws would also give the courts clearer powers when dealing with alternative accommodation. Where temporary accommodation is ordered, the court may be required to set a defined time period, rather than leaving arrangements open-ended.
“For landlords, the benefit of these amended laws is not that evictions suddenly become easy,” says Smee. “The benefit is that the process may become more certain.”
A landlord’s best protection is preparation
While landlords wait to see whether the proposed amendments to PIE are passed, Smee says the practical advice remains the same: prepare for the possibility that, at some point, you may need to prove your case.
“The landlords who are best protected are usually the ones with the best paper trail,” he says. “That starts long before an eviction application.”
He says landlords should make sure their lease agreements are properly drafted, signed and stored; that rent payments and missed payments are clearly recorded; and that any breach notices, payment arrangements or warnings are kept in writing.
They should also act quickly when arrears begin to build.
“One missed payment is a warning sign. Two or three missed payments can quickly become a much bigger legal and financial problem,” says Smee. “The sooner a landlord deals with non-payment formally and correctly, the stronger their position is likely to be.”
For landlords who may need to prove financial hardship in order to request an expedited eviction process, this record-keeping becomes even more important. Bond statements, levy accounts, municipal bills, insurance premiums and proof of lost rental income may all help show the real financial impact of a non-paying tenant.
Smee says landlords should also avoid informal arrangements that are not properly documented.
“Landlords often try to be reasonable, and that is not a bad thing. But if you agree to a payment plan, reduced rent or an extension, put it in writing. Goodwill is important, but it should not come at the expense of protecting your legal position.”
Ultimately, he says the proposed amendments are a reminder that landlords cannot afford to manage rental properties casually.
“Property remains one of the most powerful ways to build wealth, but it is not a passive income stream when things go wrong,” Smee concludes. “If these amendments are passed, they may give landlords a stronger route through the courts. But the landlord still needs to arrive there prepared.”