As the year draws to a close, many tenants across Eswatini will find their lease agreements expiring. Whether you plan to renew, relocate or renegotiate, this period often becomes a tense moment for both tenants and landlords, especially when agreements were never properly documented in the first place. With renewed attention on tenant–landlord relations and the Residential Tenancies Bill, understanding the importance of a well-structured lease agreement is more crucial than ever.
To unpack this, we spoke to Lindokuhle Lukhele, Communications Officer at the Ministry of Housing and Urban Development, who emphasised that a lease agreement, sometimes called a tenancy agreement, is a legal contract between a landlord and a tenant. “It gives the tenant rights to use and enjoy the property for a specified period in exchange for rent,” she explained. “A comprehensive lease agreement is the foundation of a harmonious and secure rental relationship.”
It is important to note that all lease agreements entered between landholders and tenants shall be required to be registered with the Office of the Registrar and the Bill only applies to rental housing in the whole of Eswatini (both Eswatini Nation Land and Title Deed Land properties).
Below is what every tenant and landlord needs to know, especially now, with year-end approaching and many leases up for renewal.
A lease agreement is typically drafted by the landlord, although many seek help from attorneys or real estate agents to ensure the document meets legal standards. Legal experts help safeguard the rights of both parties and ensure clarity on obligations, preventing disputes later.
What laws govern lease agreements?
Eswatini currently has no legislation specifically regulating residential lease agreements. However, the ministry is developing the Residential Tenancies Bill, 2024, which will clearly outline expectations, obligations and dispute-resolution channels for both landlords and tenants. Until then, tenants and landlords are encouraged to also consider existing consumer protection laws such as the Consumer Protection Regulations of 2016.
- Must all rental
- Arrangements have
- A formal lease?
Although verbal agreements are technically legal, they are not recommended, especially for fixed-term leases of six months or more. A written lease provides clarity, protects both parties and reduces misunderstandings.
Once the Residential Tenancies Bill becomes law, renting without a written lease will not be permitted.
What should your lease agreement include?
A solid lease agreement should be comprehensive and include:
1. Names and details of both parties
2. Rights and responsibilities of the landlord and tenant
3. Rent amount, payment dates, security deposit details and consequences for default
4. Lease duration, start and end dates and renewal terms
5. Permitted use of the property
Tenants should also sign a condition report before moving in, documenting the property’s state to avoid disputes when moving out.
What if the property is managed by an agent?
Even when a real estate agency manages the property, the landlord remains the principal party to the agreement. They may delegate responsibilities, but tenants must be informed of the appointed agent.
How to handle breach of agreement
Under the proposed Bill:
A tenant may lodge a written complaint with the landlord. If unresolved, the tenant can escalate the matter to the registrar and then, if necessary, to the Tribunal. Tribunal decisions carry the same weight as court rulings, with the option to take the matter to the High Court for review. A landlord may also terminate a lease if the tenant breaches its terms.
Can a tenant terminate a lease early?
Yes. A tenant may terminate if:
The landlord breaches the agreement or the property becomes unsafe or unfit for living. Tenants must provide the landlord with written notice stating the reason and termination date.
Lease duration:
What’s standard?
The Bill introduces two categories of residential tenancy:
- Fixed-term tenancies (six months and above)
- Periodic tenancies (less than six months)
- Tenants should check their agreement to avoid overstaying or unintentionally renewing their lease.
- Security deposits:
- What’s allowed?
Landlords may request a deposit not exceeding one month’s rent, but only after a condition report is completed. When the tenant vacates, landlords must return the deposit within 14 days, unless deductions are justified for damage beyond normal wear and tear or unpaid charges.
What if a landlord refuses to return the deposit?
If a landlord withholds a deposit unfairly, tenants can pursue the matter through small claims court.
As leases expire:
Protect yourself
With December approaching, many tenants will soon negotiate renewals, move out or enter new contracts. This period often reveals the consequences of vague or unwritten agreements: Disputes over deposits, unexpected rent hikes or last-minute eviction threats.
A clearly written, legally mindful lease agreement does more than set rules, it protects your peace of mind. Whether you are a tenant or landlord, now is the ideal time to review your lease, understand your obligations and prepare for the changes that the upcoming Residential Tenancies Bill will bring.
As Lukhele notes: “A proper lease is the backbone of a stable rental relationship. It ensures fairness, transparency and protection for both parties.” Before signing anything this year-end, read, understand and safeguard your rights.
Leave a comment