Episode 7 | Property Perspective with Etchells & Young
What should a landlord do when a tenant stops paying rent - and how quickly should they act?
In Episode 7 of Property Perspective on 919, Harry is joined by Liad Hadar, Director of Hadar Incorporated, a property-law specialist firm.
Together they unpack tenant default, eviction procedures, unlawful occupation and some of the costly mistakes landlords should avoid when a rental relationship breaks down.
In This Episode
Harry and Liad look at the practical and legal steps that arise when a tenant stops meeting their obligations.
They discuss:
Why tenant screening can help prevent problems before they start
Early warning signs landlords should take seriously
What to do when rent is not paid
Why landlords should not wait for months before taking action
How a tenant can become an unlawful occupant
Why landlords should never take the law into their own hands
How vulnerable occupants may be considered by a court
The misconception commonly referred to as "squatter rights"
Watch Episode 7
Property Perspective airs weekly on 919.
Prevention Starts Before a Tenant Moves In
Although eviction is sometimes unavoidable, Harry explains that Etchells & Young experiences relatively few evictions across its managed rental portfolio.
One of the main reasons is thorough tenant screening before occupation.
Circumstances can still change unexpectedly, but checking affordability, payment history and the overall suitability of an applicant can reduce the likelihood of serious problems later in the tenancy.
Watch the Red Flags From the Beginning
Liad explains that warning signs can appear even before occupation.
A deposit that is repeatedly delayed, outstanding paperwork or commitments that are not met when promised may indicate potential problems.
Once a tenant is in occupation, the first missed rental payment should not simply be ignored.
Communication is important. A tenant experiencing a genuine short-term problem should communicate with the landlord or managing agent as soon as possible so that the situation can be addressed.
Don't Wait Months Before Taking Action
One of the strongest messages from both Harry and Liad is that landlords should respond promptly when rent remains unpaid.
This does not mean immediately trying to remove the tenant. It means starting the appropriate contractual and legal process rather than allowing arrears to accumulate month after month.
The longer the situation continues, the greater the potential financial loss to the landlord.
How Does the Eviction Process Begin?
Liad explains that the process normally starts with the tenant's breach of the lease being formally addressed.
Where the breach is not remedied and the lease is subsequently cancelled, the former tenant may no longer have a contractual right to occupy the property.
At that point, a formal eviction process may become necessary.
Because the procedure involves specific notices, legislation and court processes, Liad recommends that landlords obtain advice from professionals who regularly deal with property and eviction law.
Don't Take the Law Into Your Own Hands
Frustration with an unpaid tenant can tempt a landlord to try to solve the problem themselves.
Harry and Liad caution against steps such as changing locks, cutting utilities or otherwise trying to physically force an occupant out of the property.
These actions can create additional legal problems and may prejudice the landlord's position when formal proceedings eventually begin.
The safer approach is to follow the correct legal process from the start.
What About Children, Elderly or Vulnerable Occupants?
A listener asks whether vulnerable occupants receive special protection during eviction proceedings.
Liad explains that circumstances such as children, elderly occupants, disabled people or female-headed households may be considered by the court when dealing with an eviction.
These circumstances can affect issues such as the time allowed to vacate, but Liad explains that they do not automatically prevent an eviction from taking place.
What About "Squatter Rights"?
The episode also tackles a common misconception around so-called "squatter rights".
Liad explains that merely remaining in possession of a property does not automatically create an unlimited right to remain there.
The legal relationship between the property owner, tenant and any other occupants still needs to be considered, along with the correct process for dealing with unlawful occupation.
Tenant or Occupant? There Is a Difference
Harry raises a real-world example involving a tenant whose former partner was listed on the lease only as an occupant.
Liad explains that being permitted to live in the property does not necessarily mean that person has the same contractual relationship with the landlord as the tenant who actually signed the lease.
This is another reason why leases should clearly identify who the tenants are and who is merely authorised to occupy the property.
A Key Takeaway
When rent stops being paid, doing nothing is rarely the best strategy.
Communicate with the tenant, follow the lease, issue the necessary notices and obtain professional assistance early if the problem is not resolved.
Proper tenant screening may help prevent many problems, but when a serious dispute does arise, the correct legal process matters.
What Is Property Perspective?
Property Perspective is Etchells & Young's weekly property segment on 919.
Each episode explores a different aspect of property - from rentals and property management to buying, selling, legislation, sectional title living and the everyday questions property owners and tenants face.
Follow the series as we unpack more of the issues that matter to Johannesburg property owners, buyers, sellers, landlords and tenants.
Managing a Rental Property?
Prevention starts with finding the right tenant and managing the tenancy properly from day one.
From tenant screening and lease administration to rent collection, inspections and ongoing rental management, Etchells & Young helps landlords manage their investment properties professionally.
