As Eswatini moves towards strengthening fairness and transparency in the rental market, the Ministry of Housing and Urban Development is advancing a landmark piece of legislation, the Residential Tenancy Bill.
According to Senior Housing Officer Samkeliso Makhubu, the Bill is designed to bring clear, enforceable rules to the relationship between landlords and tenants, addressing long-standing gaps in how residential rentals are managed across the country. After undergoing public consultations and legal vetting by the Attorney General’s Office, the draft is now before Cabinet and is expected to be tabled in Parliament during the first quarter of the 2026/27 financial year.
Once passed by Parliament, assented to by His Majesty King Mswati III and formally gazetted with a commencement date, the Tenancy Bill will usher in a new era of accountability, protection and structure within Eswatini’s rental sector. Makhubu unpacks how the Bill will work in a question-and-answer interview:
Question: How will the Bill protect both tenants and landlords? Key rights and responsibilities.
Answer: For tenants, main protection to be formalised are:
i) Right to a lease: All residential tenancies will need a written agreement with key terms (rent, duration, deposit, notice periods, repairs, utilities, etc.)
ii) Right to habitable, maintained housing: Landlords will have a legal duty to maintain the property and keep it in a reasonably good state of repair.
iii) Protection against arbitrary/unfair eviction: Evictions will only be lawful if proper procedures and notice are followed (see Q3).
iv) Right to fair treatment and transparency: The Bill provides for clear rules on rent, deposits, inspections and charges, so tenants know what they are paying and why.
v) Access to an independent dispute-resolution body, tribunal: Tenants will be able to take disputes (for example, over repairs, deposits or illegal rent hikes) to a tribunal instead of going to the High Court, which is expensive and time consuming.
For landlords protections and certainty formalised include:
i) Legal backing for collecting rentals due and enforcing leases: Defined obligations in registered leases, give landlords a stronger basis to claim arrears or evict non-paying tenants through lawful processes.
ii) Registered leases bring more security: Residential leases registered with the registrar render agreements easier to prove and enforce, including unlawful vacation with rental owed.
iii) Clear grounds for eviction: Landlords will gain a structured process to end tenancies where tenants breach agreements (non-payment, serious damage, illegal use, etc.)
iv) Outined dispute channels: Instead of ad-hoc negotiations, landlords can use the tribunal as formal mechanisms for settling disputes.
Q: How will it prevent unfair evictions and resolve disputes fairly?
A: a) Clause of the Bill provides clear and lawful eviction procedures
Define valid grounds for eviction – e.g. persistent non-payment, serious breach of lease, illegal activities or landlord needing the property for own use (with conditions).
Require written notice – with minimum notice periods, the format of notice and reason(s) for stated.
Prohibits ‘self-help’ evictions – e.g. a landlord just changing locks, removing doors or cutting water/power to force a tenant out would be unlawful.
Links eviction to the tribunal/courts – Final eviction orders would come from a lawful authority, not just a private decision.
b) Dispute-resolution mechanisms
The Bill states that tenants and landlords may report unresolved dispute to the registrar in writing for determination.
A person aggrieved by the registrar’s decision may appeal to the tribunal which has authority to mediate and adjudicate disputes around repairs and maintenance, deposits and deductions, rent arrears and payment plans or unfair practices (e.g. illegal rent increases, harassment)
The Residential Tenancies Tribual may issue binding orders, for example ordering repairs by a certain date, ordering payment of arrears in instalments or deciding how much of a deposit must be returned.
Q: How will the Bill regulate rent increases, leases and deposits?
A: a) Rent and rent increases
- Rent and any annual increase formula must be written in the lease e.g. fixed percentage, inflation-linked or market-reviewed.
- Notice period for increases – the landlord is required to give written notice e.g. one–three months before a rent increase takes effect.
- Protection against excessive increases – the tribunal could be empowered to declare an increase unreasonable and adjust it, especially where it appears punitive or discriminatory.
b) Lease agreements
- All residential tenancies must use a written lease including at least:
- Identity of parties and physical addresses
- Property description
- Rent, due date and how it’s paid
- Deposit amount and conditions
- Lease duration and renewal
- Responsibilities for utilities and services
- Maintenance responsibilities, inspections and rules.
All lease agreements across the country between landholders and tenants will have to be registered with the Office of the Registrar.
c) Deposits
The Bill emphasises that:
Rental deposits must be kept safely, often in an interest-bearing account at a registered financial institution.
Provides conditions when landlords may deduct from the deposit e.g. unpaid rent, documented damage beyond normal wear-and-tear.
Right to receive balance back within a set time after moving out, together with an itemised statement of any deductions.
The tribunal would be able to determine deposit disputes which is a departure from ‘gentlemen’s agreements’.
Q: What new systems or institutions will be created?
A: The advent of the Bill will introduce:
1. Residential Tenancies Tribunal
Handles landlord-tenant disputes.
Can hold hearings, mediate and issue orders.
Offers a lower-cost and quicker resolution for the court litigation and provides a more accessible forum than traditional courts.
2. Registration system / Tenancy Registry
All residential leases must be registered with the registrar
This helps to track the rental market, supports enforcement and provides evidence of agreements.
3. Added administrative responsibility within the Ministry of Housing and Urban Development: The housing unit will be required to oversee public awareness and education, monitor compliance and work with municipalities, chiefs, and housing developers.
4. Establishment of office of the Registrar of Tenancies will include assistant registrars and inspectorate officers within the housing unit of the ministry will promote enforcement by assisting the registrar with physical inspections. These may be deployed to the regions of the country.
5. Linkages with other ongoing housing reforms: The Bill is part of a broader package including offered by the housing unit within the ministry which include Real Estate Agents Bill (to regulate agents), the Human Settlement Development Bill and implementation of the Sectional Titles Act.
Q: How will it improve quality, safety and accessibility of rental housing, especially in fast-growing urban areas?
A: The policy logic behind the Bill is to improve:
1. Quality and safety: By mandating maintenance duty on landlords and giving tenants the responsibility to keep premises in tidy manner discouraging destruction of landlords property( tenants may withhold rent until serious repairs are done under supervision and landlords can render tenants responsible for irresponsible damage). The Bill advocates for landlords to keep units in better condition and tenants to use/occupy them responsibly. Written leases and inspections allow health-and-safety clauses (structural safety, water, sanitation, electricity) to be enforced more easily.
2. More predictable, formal rental market: Registration of leases and guidelines on deposits and rent increases reduce ‘surprises’ for tenants and investors. Investors and banks prefer a stable, rules-based environment, which can encourage more formal rental developments or even rent-to-own schemes.
3. Coverage of both SNL and TDL: Because the Bill is expected to apply to both Eswatini Nation Land and Title Deed Land, it provides opportunity to help address exploitation in informal or semi-formal rental arrangements in peri-urban and rural growth areas, not only in formal townships.
4. Protection for vulnerable groups: Clear rules on eviction and notice periods reduce the risk of families being suddenly removed from their homes, which is a big issue in informal and low-income rental markets. Legal backed dispute resolution helps prevent arrears and conflicts from escalating into homelessness; tribunal dispute resolution should be faster than the court route.
5. Better data for planning: The residential tenancy registry will provide data on where rental housing is located, how big the sector is, and which areas are under most pressure, feeding into urban planning, infrastructure investment as well as future social and/or affordable rental and housing programmes.
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