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Who has to sign a lease renewal, and in what order?

Everyone who was a party to the original lease. Where there are joint landlords or co-tenants, each signs in their own right — one co-tenant cannot sign for another without a written mandate.

A renewal varies an existing agreement, so it needs the assent of every party to that agreement. If two people are named as tenants, both must sign; if a property is jointly owned and both owners signed the original lease, both must sign the renewal.

One co-tenant signing on behalf of another is only effective if they hold a written mandate to do so. In the absence of one, an addendum signed by a single co-tenant binds that co-tenant alone, which is exactly the situation that creates an argument later.

Where a landlord is a trust, company or close corporation, the signatory must be authorised to bind that entity, and the authority — a resolution or a mandate — should be on file.

There is no legally prescribed order. In practice agencies usually secure the landlord's instruction first, put the offer to the tenant, then circulate the addendum for signature, because a document circulated before the terms are agreed tends to come back amended.

Re-Lease issues a separate signing link per signer so that each party signs in their own name, and records who signed what and when.

Sources

Disclaimer: This is general information about South African lease-renewal procedure, not legal advice. Dates are calculated from the information you provide and from published public holidays. Check them against your lease and take your own legal advice before acting.

Re-Lease does this for every lease you manage

The calculator works out one lease at a time. Re-Lease watches your whole portfolio, raises each renewal on the day it is due, chases the landlord and tenant, and produces the signed addendum.

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