A new year check-up for your lease agreements

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By Pieter van den Berg, Director at Just Property Prosper

The start of a new year signals a reset. People review budgets, set financial goals and aim to avoid repeat problems. In property, January also brings one of the busiest lease renewal periods. This makes it the right time for landlords and tenants to review lease agreements.

A lease should never be printed, signed and forgotten. When it falls behind legislation or no longer reflects how a property is used, risk increases for both parties. A simple annual review helps prevent disputes, reduces confusion and protects everyone involved.

Why an annual lease review matters

A lease sets expectations. When terms are precise and up to date, rental relationships run smoothly. When terms are vague or outdated, minor issues escalate fast.

A yearly review:
• Prevents misunderstandings.
• Reduces disputes.
• Keeps agreements legally compliant.
• Protects both the property and the people living in it.

For landlords: keep leases current and clear

Many landlords only revisit a lease once a problem arises. By then, options are limited. Reviewing agreements before renewals allows time to correct gaps and align the lease with how the property functions today.

Key areas landlords should check include:

• Escalation rates: Increases should align with market conditions and be clearly stated.
• Utilities and tariffs: Prepaid electricity, water meters or shared services must appear in writing.
• Added technology: Solar panels, inverters, backup power and fibre must be documented.
• Maintenance responsibilities: The lease must clearly state who handles which repairs.

Vague maintenance clauses cause many disputes. A general statement that the landlord handles maintenance can be interpreted in multiple ways. A brief clarification can avoid months of disagreement.

Leases must also comply with current legislation, including the Rental Housing Act, the Consumer Protection Act and POPIA. Many rental offices submit lease templates for annual legal reviews to ensure that deposits, notices, and cancellations comply with the law.

Ingoing inspections are essential. Dated photographs protect landlords from unfair damage claims and protect tenants from being charged for pre-existing issues. Without a formal inspection, both sides lose key evidence.

Clear communication matters. When landlords explain changes and allow time for questions, relationships strengthen. As Pieter van den Berg explains, when tenants feel included, they are more likely to accept updates and renew long term.

For tenants: read carefully and speak up

Tenants often rush through renewals to secure the home and move on. This creates risk. A lease is a tenant’s strongest protection against unfair deductions, surprise costs or sudden notices.

When reviewing a lease, tenants should focus on:
• Rent increases and payment terms.
• Deposits and how they are handled.
• Utilities and billing methods.
• Maintenance processes and inspections.
• Notice periods and cancellation rules.

Any upgrades to the property must appear in writing. Fibre, prepaid electricity or backup power should never be assumed.

Asking questions is not a problem. Silence causes more issues than discussion. If something feels unclear, tenants should request clarification in writing.

Reliable tenants also hold negotiation power. A clean payment record and good property care allow space to discuss fair increases or request clarity on new terms. Most landlords prefer stability over vacancy.

Start the year on solid ground

January already carries financial pressure. A clear, updated lease removes unnecessary stress. When expectations are defined, rental relationships improve, and problems reduce.

A well-maintained property starts with a well-maintained lease. A short annual review protects the investment, the home and the people who rely on it.

Spending time on a lease now saves frustration later. The new year offers the perfect moment to make sure everything is in order.