What does a property & tenancy attorney cost in South Africa?

Property and tenancy work covers two very different kinds of bill. Dispute work, such as evictions, deposit fights and levy arguments, is charged by the hour or per step. Transfer work, such as conveyancing and bond registration, follows a recommended guideline scale tied to the value of the property. The ranges above are typical, exclude VAT and disbursements, and vary by city and by the seniority of the attorney.

What drives the price of a dispute

Whether it is opposed. This is the single biggest factor. An unopposed eviction is largely paperwork: cancel the lease, prepare the application, get the notice authorised by the court, serve it on the occupier and the municipality, and appear once. An opposed eviction brings answering papers, replying papers, postponements and often an advocate, and the fee can multiply several times over.

Which court. High Court work costs materially more than magistrate court work, mostly because of counsel fees and the drafting standard. Most residential evictions can be brought in the magistrate court.

How good your paperwork is. A landlord who arrives with a signed lease, a ledger of payments, dated breach letters and proof of delivery pays for far fewer hours than one who arrives with a verbal agreement and a memory of what was said.

Urgency. Urgent applications, such as getting electricity restored after a landlord cut it off, are drafted at speed and priced accordingly.

What drives the price of a transfer

Conveyancing fees follow a recommended guideline tariff that rises with the purchase price, so the fee on a R900 000 flat is a fraction of the fee on a R6 million house. Bond registration is charged separately by the bank appointed attorney, on a similar scale based on the bond amount.

Neither of those is the whole cost of buying. Transfer duty is a tax paid to SARS by the buyer above a threshold, and both the threshold and the brackets change each tax year in the Budget. Deeds Office registration fees are adjusted from time to time as well. For that reason we do not publish brackets here. Use the transfer costs calculator, which is updated each tax year, and ask the conveyancer for a written pro forma statement of account as soon as your offer is accepted.

Read What are transfer costs when buying a house? for what each line on that statement actually is.

What is free

A large share of tenancy problems never needs a paid attorney.

• The Rental Housing Tribunal in your province hears landlord and tenant disputes at no cost. Deposits, repairs, unlawful lockouts, disconnected services and unfair rent increases all fall within its work. It usually mediates first, and its rulings are enforceable like a magistrate court order.
• The Community Schemes Ombud Service resolves sectional title and homeowners association disputes, including levies, for a small application fee rather than court costs.
• The Small Claims Court handles claims up to R20 000 for free, and lawyers are not allowed on either side. Deposit refunds and small damage claims fit here neatly.
• Legal Aid South Africa on 0800 110 110 assists people who qualify on a means test, and matters where someone may lose their home are the kind of case they take on. See /legal-aid.

Note what these forums cannot do. Only a court can grant an eviction order, so a landlord who needs a tenant removed will need an attorney.

How to avoid surprises

Get a written mandate. It should say the hourly rate, who does the work, what is included and how often you will be invoiced. Ask for an estimate for the next stage rather than the whole matter, because nobody can price an opposed matter at the start.

Ask about disbursements separately. Sheriff service fees, advocate fees, tracing agents, courier and printing, deeds searches and FICA verification are billed on top of the professional fee. On an eviction the sheriff and advocate can add several thousand rand.

Ask whether VAT applies. Most established firms are VAT vendors, and the quoted fee often excludes it. On a large conveyancing fee that difference is significant.

Consider a fixed fee. Letters of demand, lease reviews and unopposed applications are often quoted as a fixed fee. Ask.

Watch the costs order. If you win, the court may order the other side to pay costs, but that rarely covers your full bill and is only worth having if they can pay.

Do the cheap things first. A letter of demand settles a surprising number of disputes, and a Tribunal referral is free. Spend litigation money only once those have failed.

LawMatch is not a law firm and does not give legal advice. These figures are general guidance to help you budget and compare quotes.