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Tenants in South Africa are facing increasing pressure due to continuous rent increases, with 16.9% of tenants having arrears in the second quarter of 2026. According to the latest PayProp Rental Index, the proportion of such tenants has slightly increased compared to the first quarter (16.7%), although it remains close to historical lows. Tenants with arrears owed an average of 73.5% of the monthly rent, which is lower than the 74.3% recorded in the previous quarter.

The average residential rent reached a record R9,715 in the second quarter, which is R133 more than the previous quarter and 5.2% higher than a year ago. However, for tenants who cannot afford their bills, falling into arrears does not mean that the landlord can simply evict them. Two recent High Court rulings demonstrate that non-payment of rent can ultimately lead to eviction, but landlords must adhere to the legally prescribed procedure before depriving someone of housing.

Increase in Arrears

In a ruling delivered last week, the KwaZulu-Natal High Court ordered tenants to vacate property in Durban, which they had occupied for over 12 years without paying rent. The dispute in the case of Strydom N.O and Another v Phili and Others began back in 2014, following an unsuccessful attempt to terminate the lease agreement. In 2019, the High Court ruled that the termination was unlawful because the landlord failed to provide the tenants with sufficient notice to remedy the breach before ending the contract.

The tenants continued to reside in the premises and not pay the rent. In 2025, the landlords again notified the breach, providing one month to rectify the issue, and then gave the tenants another month to vacate. This time, the court deemed the termination lawful. The court noted that the tenants presented no valid legal arguments allowing them to remain in the property without payment, and ordered them to vacate by October 15, 2026.

After Twelve Years

A case heard in Johannesburg on July 23, 2026, reached a similar outcome after a tenant defaulted on payment. In the case of RED R7 (Pty) Ltd v Seroka and Another, the Gauteng court examined that the tenant made a payment default shortly after moving in. Claims and notices of termination were issued, and eventually, the landlord initiated eviction proceedings in July 2024.

By April 2025, the landlord's account showed an outstanding debt of R188,579.96, although the tenant disputed this amount, claiming that deductions from prepaid electricity purchases were incorrectly accounted for. The case also demonstrated that the eviction court does not necessarily have to resolve all financial disputes between the landlord and the tenant before deciding whether the tenant can remain in the property. The court did not rule on the exact amount of the debt, stating that the landlord could pursue debt recovery separately, and the tenant could raise the issue of deductions from prepaid electricity purchases within those proceedings.

Introduction to Legislation

Residential evictions are regulated by the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act, known as PIE, which requires a court order before an unlawfully occupying resident can be evicted. The Constitutional Court considered the principles of this legislation over two decades ago in the case of Port Elizabeth Municipality v Various Occupiers. The court established that PIE obliges courts to go beyond determining ownership and unlawful occupation to consider whether the eviction would be fair and equitable in the circumstances.

If a resident has lived in the property for more than six months, PIE explicitly requires the court to consider relevant circumstances, including the possibility of reasonable provision of land or alternative accommodation for resettlement.

Anticipation of Changes

Recent cases show that landlords can also find themselves in difficulty if they attempt to bypass the judicial process. In the case of Lukhele and Others v Humayl Properties, residents were evicted from a property in Randburg while an eviction application against them was pending. The Gauteng Court deemed the eviction unlawful and ordered the immediate restoration of possession of the property. Furthermore, property owners were prohibited from interfering with the occupants' possession by changing locks, disconnecting utilities, seizing property, or intimidating them while the litigation was ongoing.

This ruling clearly showed that claims that residents owe money or have no right to stay do not grant the owner the right to circumvent a court eviction order. It was also established that merely demanding the tenant leave is insufficient to comply with PIE. In the case of Dikgwathle v Phetheni, handed down on June 12, 2026, the North West High Court set aside the eviction, finding that a private notice to vacate is not a court-authorized notice required by law.

PIE requires that both the resident and the municipality receive written and effective notice of the court proceedings at least 14 days before the hearing. Among other things, the notice must state the time and place of the proceedings, outline the grounds for the alleged eviction, and inform the residents of their right to appear in court and defend their case, as well as apply for legal aid if necessary. The court found that these requirements had not been met and set aside the eviction order.

The rules governing evictions may also change. The Cabinet approved the publication of a draft amendment to the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act for public comment at its meeting on March 25, 2026. The proposed changes aim to address issues of illegal land encroachment and property owners' rights while maintaining protection against arbitrary eviction. They also provide for changes to the matters the court must consider when making eviction decisions, and provisions regarding alternative accommodation.

For tenants struggling to pay rent, recent court decisions distinguish between having a debt and the eviction process. Non-payment can lead to the cancellation of the lease agreement and, ultimately, a court order for eviction. However, the landlord cannot act unilaterally until this process is complete and an eviction order is obtained.

For individuals seeking a companion animal, Dubai Municipality offers opportunities to adopt pets from its various shelters across the UAE. These shelters provide a crucial second chance for stray and abandoned animals to find a permanent, loving home.

In July, the Municipality inaugurated a new integrated shelter located at the Birds and Pets Market in Warsan. This facility is designed to offer animals a secure environment for recovery and care. Additionally, Dubai Municipality maintains another shelter at Al Khawaneej, which specifically caters to dogs and facilitates their adoption.

These shelters are central to the Municipality's commitment to promoting responsible pet ownership and animal welfare. Before any pet is matched with a family, it receives thorough veterinary attention.

When contacted by Khaleej Times, the Municipality detailed the origins of the animals, the care involved, and the step-by-step adoption procedure.

Animals such as cats and dogs in the Dubai Municipality shelters include strays, abandoned, as well as rescued, lost, or surrendered pets. These animals arrive through the Dubai Municipality Veterinary Control Department and private pest control companies approved and authorized by the Municipality under the TNR (Trap-Neuter-Return) stray cat management program.

Currently, the officially mentioned adoption facilities include the Animal Protection Shelter in Warsan, which houses cats, and the existing clinic at Al Khawaneej Veterinary Clinic, which houses dogs. The Dubai Municipality pet adoption service covers both cats and dogs. In addition to managing these shelters, the Veterinary Service provides preventive and curative livestock health services, as well as preventative pet care services.

The new Animal Protection Shelter in Warsan is equipped with a Customer Joy Center, pre-viewing areas for potential owners, interactive adoption rooms, a fully equipped veterinary clinic for in-shelter animal care, an advanced operating room, grooming facilities, and reception and rehabilitation areas for stray animals. Furthermore, there is a place for reuniting lost pets with their owners after verification.

Not all animals under the Municipality's care are automatically available for adoption. They first undergo medical and behavioral assessment. Some animals may require treatment or rehabilitation, and lost pets may be reunited with their owners. Stray cats are managed through the TNR or TNVR (Trap-Neuter-Vaccinate-Return) program and returned to their natural habitat. Animals suitable for rehoming become available for adoption.

Applications can be submitted digitally through the Dubai Municipality website or via the Dubai Now application. Applicants can view available animals and review information about their health and behavior before applying. The final procedure includes a personal assessment and receiving the chosen animal after paying established fees for associated services, such as vaccination and registration.

Applicants are required to fill out information and meet identification requirements specified by the adoption service. A final check is conducted as part of the adoption process, and the applicant must appear in person to receive the animal. Specific confirmation requirements are provided through the service application depending on the applicant's data.

Ensuring responsible pet ownership is an important part of the adoption process. Applicants must be at least 21 years old and must not have registered violations related to cruelty or abuse of animals. Potential adopters are also assessed based on their understanding of animal welfare, veterinary care, nutrition, and ability to provide a suitable environment and long-term care for the adopted animal.

There is no adoption fee itself. However, established fees for accompanying veterinary services, such as registration and vaccination, must be paid as part of the adoption process to complete preventive health and registration procedures before the animal is handed over.

A pet adoption application will be processed in approximately one hour after completing the necessary steps. The actual handover may depend on the completion of compliance checks, assessment, visit arrangement, and the animal's readiness for adoption. Receiving the pet can be arranged within two working days after fulfilling all requirements.

Animals undergo a veterinary assessment before being made available for adoption. Services provided may include health screening, necessary treatment, vaccination, deworming, microchipping, surgical sterilization, and rehabilitation. Their health and behavioral profiles are also assessed to help match them with suitable adopters. The shelter is supported by an integrated veterinary clinic and surgical facilities.

The adoption program is based on the principle of responsible and long-term animal ownership, so applicants undergo an assessment before a decision is made. Any issues arising after adoption should be coordinated directly with the Animal Protection Shelter for evaluation and recommendations. Returning an adopted animal is not considered automatic surrender but is evaluated individually according to circumstances, approved procedures, and shelter capacity.

The Municipality's shelters are primarily intended for stray, abandoned, and rescued companions, and they do not function as a general drop-off point for private pets. Pet owners remain responsible for their pets and must seek alternative methods of responsible redistribution if they can no longer care for them.

Rescuers should avoid independently delivering animals to the shelter for surrender without prior coordination. Cases involving stray, injured, or distressed animals must be reported through the approved channels of the Dubai Municipality, including the toll-free number DM 800900, so that the appropriate animal control team can assess the situation and take appropriate action according to approved procedures and available shelter capacity.