Lake Properties
What happens when the landlord sells
If your landlord sells the property, your lease doesn’t automatically end. The tenant’s right to remain under an existing lease generally takes priority over the sale — the buyer steps into the shoes of the old landlord and must honour the lease until it ends.
The law and the big ideas (explained simply)
1) “Lease goes before sale” — huur gaat voor koop
There’s a long-standing legal principle (from Roman-Dutch/common law) called “huur gaat voor koop” — literally “the lease goes before the sale.” Practically this means that if you signed a lease before the property was sold, the new owner inherits that lease and cannot simply kick you out because they bought the house. Your rent, the lease length, and other agreed terms stay in force until the lease expires or is lawfully ended.
2) If your lease still has time to run
If you’re on a fixed-term lease (for example, until 31 August 2026):
- The new owner must respect that lease. They become the landlord and are bound by the lease’s material terms (rent, repairs, notice periods, etc.).
3) If your lease has expired and you’re month-to-month
If the written lease period has ended and you’re now on a periodic/month-to-month basis:
- The new owner can give you lawful notice to vacate — but they must follow the notice rules set out in your lease or by law (commonly at least one full calendar month if that’s what the lease or practice requires). They cannot just change the locks without following due process.
4) Security deposit — what happens to it
The seller (old landlord) should transfer your deposit and any accrued interest to the purchaser as part of the sale process. The new owner then holds the deposit and is responsible for returning it at the end of the tenancy (less any proper deductions). Always ask for written confirmation that the deposit was transferred.
5) Showings, privacy and reasonable notice
While the house is on the market, the landlord/agent may want to show prospective buyers through the property. Even then, you still have the right to reasonable notice and quiet enjoyment. The landlord must arrange viewings at reasonable times and give you notice — they can’t just bring strangers in at any hour. If showings become unreasonable, raise it in writing and, if necessary, get legal advice.
6) If the new owner wants you out before the lease ends
The new owner cannot evict you without following legal procedures. If they try to evict you, they must obtain a court order — and in most residential cases the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE) applies, which requires that evictions be just, equitable and procedurally correct (notice, hearing, court order). Unlawful or forcible evictions (changing locks, removing possessions without a court order) are illegal.
7) What if you’ve breached the lease?
If you’ve broken important lease terms (for example, not paying rent), the new owner can pursue the usual remedies — but they still must follow lawful eviction procedures (court application under PIE if applicable). Being in breach removes some protections but does not allow illegal self-help by the owner.
8) Things that the huur-goes-before-koop rule doesn’t always cover
Some lease side-agreements might not transfer automatically — for example, special options or personal promises that are not part of the essential landlord–tenant relationship may not bind the buyer in every case unless the buyer knew about them when buying. If you have something unusual in writing (an option to buy the property, for instance), get legal advice.
Practical steps you can take (what to do right now)
- Ask for written confirmation of the sale and who the new owner is (name, contact, where to pay rent).
- Get written proof that your deposit has been transferred to the new owner (or ask the seller and buyer to confirm in writing).
- Keep paying rent on time and keep receipts — paying rent protects your legal position.
- If you want to stay but the new owner suggests different terms, don’t sign anything you’re unsure about without reading carefully or seeking advice.
- If the owner wants you to leave before your lease ends and you don’t want to leave, ask to see their legal notice and court papers before you do anything. If they try to force you out without a court order, call legal aid, the Rental Housing Tribunal or an attorney.
- If showings are frequent or intrusive, request a written viewing schedule and reasonable notice in writing — you can agree to reasonable times but should not tolerate harassment or unreasonable intrusion.
When to get help
- If the new owner refuses to acknowledge your lease or claims you must leave immediately — get legal advice or contact Legal Aid / a tenant advice organisation.
- If the owner tries to evict you without a court order, contact the police (for illegal activity) and seek legal help — PIE protects occupiers from illegal evictions.
Lake Properties Pro-Tip
If your landlord tells you the property is being sold, ask them (in writing) for three things right away:
- Name and contact details of the new owner (once known).
- Written confirmation that your deposit and any interest have been transferred to the new owner.
- Where to pay rent from now on (bank details and a written receipt protocol).
Keeping these as written records makes any dispute far easier to resolve — and shows you’re acting responsibly as a tenant. If anything looks wrong, take screenshots, keep emails, and get advice early.
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Russell
Lake Properties
www.lakeproperties.co.za
info@lakeproperties.co.za
083 624 7129
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