South Africa
Occupational Rent Agreement
R299
Create an occupational rent agreement where a purchaser, seller, tenant, or occupant occupies property before or after transfer and pays agreed occupational rent.
An occupational rent agreement is used where a person occupies property before transfer, after sale but before registration, or after transfer arrangements have changed. It records the payment and occupation terms during the interim period.
South African legal context (2026 checklist)
Occupational rent should be linked to the sale agreement or occupation arrangement. The agreement should clearly state the occupation date, rental amount, utilities, risk, repairs, insurance, and what happens if transfer is delayed or the sale is cancelled.
- South African common law of lease, sale, and contract
- Alienation of Land Act 68 of 1981, where linked to sale of land
- Deeds Registries Act 47 of 1937
- Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998, where occupation becomes disputed
- Protection of Personal Information Act 4 of 2013
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 owns the property?
Who will occupy the property?
What property will be occupied?
Is occupation before or after transfer?
What occupational rent is payable?
When does occupation begin and end?
Who pays water, electricity, rates, levies, and utilities?
Who is responsible for damage during occupation?
What deposit is required?
What happens if transfer is delayed or cancelled?
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