South Africa
Breach of Payment Notice
R249
Create a breach notice for non-payment under a lease or property agreement, giving the defaulting party a fixed period to remedy the breach before cancellation or further legal action.
A breach of payment notice is used where a tenant, purchaser, occupant, or contracting party has failed to pay an amount due under a lease or property agreement. It gives the defaulting party a chance to remedy before cancellation or enforcement.
South African legal context (2026 checklist)
The notice should follow the contract’s breach clause and notice clause. If the agreement is regulated by the Consumer Protection Act, fixed-term cancellation rules may apply. If eviction becomes necessary, a separate court process is required.
- South African common law of lease and contract
- Rental Housing Act 50 of 1999
- Consumer Protection Act 68 of 2008, where applicable
- Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998
- Prescription Act 68 of 1969
Use this as a starting point only. Verify current gazetted amendments, tribunal rules, and SARS / DOL circulars that may apply to your matter.
Typical questions we'll walk you through
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Who is sending the breach notice?
Who is in breach?
What agreement has been breached?
What amount is unpaid?
What due date was missed?
Which clause has been breached?
How many days are given to remedy the breach?
What happens if the breach is not remedied?
Will cancellation, legal action, eviction, or damages be pursued?
How must the notice be delivered?
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