Mandatory Disclosures

Mandatory disclosure of known defects has long been required in property sales. Since February 2022, this legal obligation has been extended to residential rentals as well. Today, no rental property may be marketed without a completed Mandatory Disclosure Document on file.

For landlords and rental agents, understanding this requirement—and applying it correctly—is essential for legal compliance, transparency, and tenant protection.

What is a Mandatory Disclosure Form?

A Mandatory Disclosure Form is a written summary of a rental property’s current condition. It lists all known defects, as disclosed by the landlord to the best of their knowledge.

This document must be completed at the time the Mandate Agreement is signed and supplied to the rental agent before marketing may begin. The purpose of the form is simple: to ensure tenants receive accurate, upfront information about the property they intend to rent.

What a Mandatory Disclosure Form is Not

Understanding the limits of the document is just as important as understanding its purpose.

Not a repair list

The form is not a list of repairs the landlord is obliged to complete. Landlords are under no legal duty to fix any item listed unless such repairs are specifically agreed to in writing.

Not a substitute for inspections

Mandatory Disclosure Documents do not replace ingoing inspections. Landlords can only disclose defects they are aware of, and many rely on feedback from previous tenants or their rental agent.

Some landlords commission independent contractor inspections when needed. However, both ingoing and outgoing inspections remain legally required under the Rental Housing Act and are vital for protecting all parties.

What Must be Included in the Form?

Guidelines recommend that the form include (but not be limited to):

• Any known, material defects (leaks, damp, electrical faults, plumbing issues, pool/pump problems, air-conditioning faults, etc.).
• A list of items not in working order (plug points, doors, windows, appliances, security systems, etc.).
• Items that must be repaired before occupation.
• Signatures of the landlord, tenant, and rental agent (where applicable).

Consequences of Non-Compliance

If a lease agreement does not include a signed Mandatory Disclosure Form, the law assumes that no defects were disclosed to the tenant.

This exposes both landlords and authorised rental agents to serious penalties for failing to meet their disclosure obligations. The Rental Housing Tribunal enforces tenant rights strictly, including the right to make fully informed rental decisions.

Benefits of Mandatory Disclosure

For Tenants

Mandatory disclosure protects tenants from unexpected defects that may affect their enjoyment of the property or lead to disputes over the deposit later on.

For Landlords

The benefits extend well beyond basic PPRA legal compliance:

• Provides an up-to-date record of the property’s condition.
• Helps budget accurately for maintenance and repairs.
• Supports rental escalation decisions with documented evidence.
• Assists in determining market value and investment performance.
• Reduces disputes by setting clear expectations upfront.

For professional landlords and investors, maintaining a current disclosure document is a valuable asset in portfolio management.

Kingsmark’s Position on Compliance

At Kingsmark Real Estate, a Mandatory Disclosure is a non-negotiable compliance requirement. Every rental listing must include a completed and signed disclosure document before marketing begins. This protects landlords, empowers tenants, and ensures full alignment with South African rental legislation.

Our agents guide landlords through the process, ensuring accuracy, clarity, and legal compliance at every step. Speak to the Kingsmark team about managed rentals in Pretoria East, Centurion, and Midrand to ensure your investment remains compliant.