A new eviction bill could shift the balance in South Africa’s rental market by giving small township landlords faster and more affordable ways to resolve disputes.
The proposed Prevention of Illegal Eviction (PIE) and Unlawful Occupation of Land Amendment Bill was released for public comment on 16 April 2026. This policy push to recognise informal rental activity and respond to mounting pressure on urban land.
Human Settlements Minister Thembi Simelane said the bill is designed to support ordinary South Africans who depend on rental income, especially in township and informal settings.
“It does not matter the scope or size of what you are leasing. Many people survive by renting out rooms. This bill ensures they are protected and have accessible legal recourse,” Simelane said.
Bringing backyard landlords into the system
A key proposal is the use of the Housing Tribunal as a formal channel for resolving disputes between landlords and tenants. The tribunal would offer a lower cost alternative to court processes.
Bill rullings carry legal weight and could be enforced through the courts. This means landlords may obtain binding orders requiring tenants to vacate within a set timeframe, with eviction possible if the order is not followed.
For landlords like Daphne Buthelezi, who rents out backyard rooms in Atteridgeville, the proposal speaks directly to daily challenges.
“Sometimes tenants stop paying, but removing them is not easy or affordable. You can lose income for months,” she said.
“A process that is quicker and fair would make a real difference.”
Industry view on a growing rental market
According to the Social Housing Regulatory Authority, backyard rentals and informal dwellings make up a significant share of affordable housing, even though they operate largely outside formal systems.
Property expert and co founder of Indlu, Cobus Truter, said small landlords are entrepreneurs who need resolution to stabilise this market.
“For residents to become entrepreneurs, either as small scale landlords or home based enterprises, it is about earning an income and building their asset wealth,” he said.
“Small landlords operate like micro businesses. When disputes cannot be resolved efficiently, it affects both income and tenant stability.”
Municipalities gain stronger footing
The bill also introduces changes that give municipalities a more active role in eviction proceedings, even where they are not the landowners.
“We want people to understand it, engage with it, and make their voices heard,” Simelane said.
This is a critical shift from the current legal framework.
“This is the first time municipalities will have automatic joinder in such matters. Previously, they were often unable to act, even though they carried the responsibility for providing services,” the minister said.
The amendments are also expected to strengthen enforcement of municipal by-laws, especially where land zoned for agricultural use is unlawfully converted into residential settlements.
Balancing enforcement and protection
While the bill takes a firmer stance on unlawful occupation, it also seeks to protect vulnerable individuals who may have unknowingly bought or occupied illegally sold land.
“Some community members fall victim to illegal land sales and only discover the illegality when facing eviction or demolition of their homes,” Simelane said.
The legislation aims to strike a balance between enforcement and fairness, ensuring that evictions are handled within a clear legal framework that considers the rights and circumstances of affected individuals.
“This bill begins to bring structure to an important part of the housing economy,”Truter said.
