What if the landlord sells the house,what are your rights as a tenant in Cape Town

Lake Properties

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.

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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.

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Practical steps you can take (what to do right now)

1. Ask for written confirmation of the sale and who the new owner is (name, contact, where to pay rent).
2. Get written proof that your deposit has been transferred to the new owner (or ask the seller and buyer to confirm in writing).
3. Keep paying rent on time and keep receipts — paying rent protects your legal position.
4. 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.
5. 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.
6. 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.

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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.

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Lake Properties Pro-Tip

If your landlord tells you the property is being sold, ask them (in writing) for three things right away:

1. Name and contact details of the new owner (once known).
2. Written confirmation that your deposit and any interest have been transferred to the new owner.
3. 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.

Call to Action

Ready to explore the best investment opportunities in Cape Town? 

Contact Lake Properties today and let our experts guide you to your ideal property.

If you know of anyone who is thinking of selling or buying property,please call me

Russell 

Lake Properties

www.lakeproperties.co.za  

info@lakeproperties.co.za 

083 624 7129

 Lake Properties                 Lake Properties

Why Investors Are Eyeing Woodstock Property Opportunities

Lake Properties 

Lake Properties

Why Investors Are Eyeing Woodstock 

Woodstock feels like the kind of place that keeps surprising you. Once an industrial backwater, it’s quietly becomrub

e of Cape Town’s most talked-about inner-city neighbourhoods —ww a creative, well-connected wedge between the CBD and the eastern suburbs where old warehouses rub shoulders with new apartment blocks, cafés, markets and art studios. That mix — heritage fabric, improving public services, and a steady cadence of new developments — is exactly what’s drawing investors in.

1) Location that actually matters

Woodstock’s big, practical asset is its geography. It’s a stone’s throw from Cape Town’s CBD, handy for the N1/N2 corridors, and within easy reach of public transport and major job nodes. In investment terms that means both strong rental demand from professionals and students, and easier liquidity when you want to sell — buyers want locations that save commuting time. Proximity to lifestyle anchors like the Old Biscuit Mill also turns the suburb into a destination rather than just a dormitory suburb.

2) Regeneration + character = a premium combo

What’s happened in Woodstock is a classic urban transformation story: industrial buildings that once stored goods are being reimagined as lofts, creative offices, galleries and boutique retail. That preserves character — exposed brick, high ceilings, factory windows — while luring a new demographic of creative professionals and hospitality businesses. That kind of regeneration tends to lift prices and change the tenant mix from low-yield short-term occupants to longer-term, higher-value renters and owners.

3) Policy & local management supporting growth

Woodstock benefits from organised neighbourhood structures. The Woodstock Improvement District (WID) operates targeted services — extra cleaning, security and public-space maintenance — that improve the day-to-day experience for residents and businesses. Those small quality-of-life improvements lower the perceived risk of investing there and make units easier to let. In addition, parts of the area have been identified for urban development incentives, which can nudge developers to invest and refurbish.

4) New developments are bringing modern stock to the market

Investors like places where new supply caters to modern renters: well-appointed gyms, secure parking, secure access and integrated work-from-home spaces. Recent projects and pipelines (for example, contemporary apartment blocks clustered around transport and lifestyle nodes) add stock that appeals to young professionals who value convenience and lifestyle. This inflow of professional-grade stock helps stabilise rental yields and attract higher-quality tenants.

5) Relative affordability — and yield potential

Compared with premium Cape Town suburbs (City Bowl, Atlantic Seaboard), Woodstock still offers a lower entry price for both houses and apartments. That accessibility means buyers can get into a Cape Town inner-city location without the same capital outlay required for other areas, often translating to better gross yields for rental investors — especially if you pick the right building and unit. That said, the market has matured: “cheap” is relative, and some pockets are already priced for lifestyle buyers rather than bargain hunters.

6) Diverse tenant base reduces risk

Woodstock doesn’t rely on a single tenant type. You’ll find young professionals, artists, hospitality staff, small tech firms and even short-stay visitors in parts of the suburb. That diversity softens the blow if one sector cools — for example, a slowdown in tourism is less likely to wipe out demand entirely when there are longer-stay renters working in the city nearby.

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Risks investors must not gloss over

• Price growth may already be partly priced in. Woodstock has been on the radar for years; some appreciation has already happened. That doesn’t kill returns, but it does change the upside profile (you may get steadier, rental-driven returns rather than spectacular capital gains).
• Micro-location matters. Street-level realities differ: proximity to busy arterial roads, noise, or streets with weaker services carry different risks than tree-lined quieter lanes or blocks directly beside lifestyle anchors. Do on-the-ground checks.
• Body corporate & levy issues for apartments. Many investment opportunities are sectional-title units. Levies, the solvency of the body corporate, and deferred maintenance can eat into yields quickly. Inspect financial statements and reserve funds.
• Management & security are real costs. If you buy for rental income, good letting agents, professional building management and basic security are not optional — they preserve value and reduce vacancy. Factor those costs into your return model.

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Practical checklist for investors (actionable)

1. Do a street walk at different times of day — look for noise, litter, security presence and pedestrian life.
2. Ask for body corporate financials (if sectional title) — check reserve funds and recent special levies.
3. Compare comparable rentals in the same building or immediate block, not the suburb average.
4. Factor total holding costs into yield estimates: levies, rates, insurance, property management, vacancy buffer.
5. Look for supply-demand signals — are new developments selling out quickly? Are listings staying longer than a month? Those point toward pace of absorption.

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Lake Properties Pro-Tip

If you’re buying in Woodstock for rental income, target well-managed buildings near lifestyle nodes (Old Biscuit Mill / Woodstock Exchange / main transport links) and pay extra attention to the body corporate accounts. A slightly higher purchase price for a well-run complex often beats a “cheaper” unit with poor management — lower maintenance surprises, better tenant retention, and steadier net yields. 

If you know of anyone who is thinking of selling or buying property, please call me 

Russell 

www.lakeproperties.co.za 

info@lakeproperties.co.za 

083 624 7129 

Lake Properties                       Lake Properties