Quick answer
Before signing, ask questions that force every tenant assumption into a specific answer, supporting record, responsible person and contractual protection. Confirm who occupies the property, which lease terms bind, whether the buyer accepts the tenancy or requires lawful vacant occupation, how rent and the deposit will be handed over, which disputes exist and what happens if an answer is incomplete or wrong.
Key takeaways
- Ask for the complete lease position, including oral changes, renewals and options.
- Identify every occupant and the authority under which each person occupies.
- Decide whether the purchase accepts the tenancy or requires lawful vacancy.
- Reconcile rent, arrears, prepaid amounts, deposit and interest.
- Obtain the actual scheme rules, title information, notices and dispute records.
- Convert decisive answers into warranties, conditions, deadlines and remedies.
How to use this guide
A valid existing lease generally survives ordinary sale and transfer. The buyer should therefore settle the tenancy strategy in the deed of sale instead of relying on a later conversation.
1. Who occupies the property, and why?
Ask for the full name and status of every tenant, family member, employee, subtenant or other occupier. Does the list match the lease, access records and seller's disclosure? Is any part used for business, short-term letting or another purpose?
Do not infer that an unlisted occupant has no rights or that a listed tenant is the only person who must be considered. Record who will verify discrepancies and by when.
2. Which exact agreement binds?
Ask:
- Which signed lease and annexures are complete and current?
- Were rent, duration, occupants, repairs or cancellation varied orally or by message?
- What are the commencement, expiry, renewal and notice dates?
- Does the tenant have a renewal, purchase or first-refusal right?
- Are there concessions, arrears arrangements or disputed terms?
- Has either party issued a notice or alleged breach?
An oral residential lease may exist, so the absence of a signed document does not settle the issue. Use the tenanted-property document checklist to obtain the evidence behind each answer.
3. What occupation outcome is written into the sale?
Ask whether the buyer accepts the tenancy after transfer or requires lawful vacant occupation by a stated date. If vacancy is required:
- what lease clause or agreement supports it;
- which notice or settlement exists;
- whether the tenant disputes it;
- whether Tribunal or court proceedings exist;
- who owns the process and cost; and
- what contractual remedy applies if the date is missed.
Sale alone does not cancel the lease or permit eviction. Do not sign on the strength of “the tenant knows the property is for sale.”
4. What do the money records show?
Ask for rent ledgers and matching bank records, including concessions, prepaid rent, arrears and disputed charges. For the deposit, ask:
- the original amount and payment date;
- where it is held;
- accrued interest and proof available to the tenant;
- proposed deductions and inspection evidence; and
- the mechanism for transferring the balance and responsibility.
The purchaser may assume landlord obligations after transfer. A vague promise that the seller will settle later is not a safe handover.
5. What condition, access and repair issues exist?
Ask for incoming inspections, defect lists, maintenance requests, access disputes, insurance claims and current photographs. Which repairs are landlord obligations under the lease, which are allocated in the sale, and which remain disputed?
Where a property practitioner is involved, obtain the prescribed property-condition disclosure form. It supports the condition inquiry but is not a tenancy warranty or a substitute for independent inspection. Respect tenant privacy and arrange access through authorised channels with reasonable notice.
6. What title, scheme and transfer constraints matter?
Ask the conveyancer to verify registered ownership, bonds, interdicts, servitudes, title conditions and the correct property description. For sectional property, obtain the actual approved rules and ask whether pets, parking, occupation, use or conduct rules affect the intended tenancy.
Confirm municipal and levy clearance, finance, compliance and anticipated registration dates. The property-transfer process guide explains how these dependencies fit together.
7. Who controls the tenant relationship during transfer?
Ask who may collect rent, approve repairs, issue notices, arrange access and communicate payment instructions before and after registration. Record the exact handover moment and a fraud-resistant process for changing banking details.
Ask who the conveyancer acts for and which tenant questions fall outside the transfer mandate. Read who chooses the conveyancer when deciding whether the buyer needs separate advice.
8. Which protections belong in the deed of sale?
Because a sale of land generally depends on a signed deed, put material protections into that document or a valid signed amendment. Ask whether the offer should include:
- a document-delivery deadline;
- a due-diligence or legal-review condition;
- warranties about occupants, leases, notices, arrears and disputes;
- a deposit and rent reconciliation mechanism;
- a condition or remedy tied to lawful vacant occupation;
- access and inspection arrangements;
- apportionment rules; and
- a remedy for incomplete or inaccurate information.
9. What answer would make me stop?
Before signing, identify the answers that would change the price, require a condition, delay signature or end the purchase. Give each unresolved item an owner and date. If a decisive answer is unsupported or contradictory, do not convert uncertainty into an unconditional obligation.
The existing-tenant purchase overview supplies the broader framework. This pre-signing script is complete only when important answers are evidenced and reflected in the agreement.
FAQs
Is the seller's statement that the tenant will leave enough?
No. Ask for the lease position, notices, any agreement or proceeding, a realistic lawful route and a contractual remedy if vacant occupation is not delivered.
Does the mandatory property disclosure form confirm the tenancy?
No. It is a property-condition disclosure used where a property practitioner is involved. Obtain separate lease, occupancy, money and dispute evidence.
Should the offer identify the tenant deposit?
Yes. The agreement and closing process should support a clear reconciliation of the deposit, accrued interest, custody and transfer of responsibility.
Can important tenant protections be agreed informally after signing?
Do not rely on that assumption. Material protections should be recorded in the signed deed of sale or a valid signed amendment after legal review.
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Legal note
This article is general legal information for South African readers. It is not legal advice. Speak to a qualified legal professional about your specific facts before taking action.