Renting out properties to others is not only a commercial arrangement. It also creates legally binding duties and/or obligations that can expose a landlord to lost rent, court orders, compensation claims, criminal penalties or sanctions, legal costs, and reputational damage. For residential lettings, the key statute is the Rent Act, Chapter 206 of the Laws of Zambia. Whereas business premises are generally governed separately by the Landlord and Tenant (Business Premises), Chapter 193 of the laws of Zambia. This guide focuses primarily on residential properties and should be used alongside tailored legal advice from a qualified Zambian legal practitioner where a dispute is imminent.
Here are ten (10) deadly and costly mistakes landlords make unknowingly and how you may prevent yourself from making such mistakes including suggested and effective proactive solutions you may take as a prudent and wise landlord in Zambia:
1. Evicting a Tenant Yourself
The mistake: Changing locks, removing doors, sending guards to force a tenant out, cutting access, or re-letting the premises without a court order.
Why it is costly: Under section 13 of the Rent Act, possession or ejectment is restricted to specified grounds, such as unpaid lawful rent, breach of tenancy obligations, nuisance, unauthorized subletting, or particular genuine landlord needs. Even where the tenant is in arrears, the landlord must use the proper court process rather than “self-help.
In the Zambian High Court case of Samuel v Chaponda and Others [2014] ZMHC 171, a landlord locked a tenant out and later re-let the flat. The High Court held that the eviction was unlawful because the landlord had not obtained a court order for recovery of possession. The tenant was awarded damages equivalent to three months’ rent, a refund of the security deposit, interest, costs, and assessment of the full value of goods unlawfully seized.
Example: A tenant falls three months behind. The landlord tells a caretaker to change the locks while the tenant is at work and moves another tenant in the next week. Even if arrears are genuine, the landlord may face damages for unlawful eviction and loss of the tenant’s belongings.
Preventative Solutions
i. Issue a clear written demand for arrears or breach;
ii. Preserve evidence: tenancy agreement, rent book, receipts, bank records, WhatsApp messages, photographs, and notices;
iii. Apply to a competent court of jurisdiction for recovery of rent and/or possession;
iv. Do not re-let until lawful possession has been obtained and any court requirements are met.
2. Seizing or Selling a Tenant’s Belongings Without Court Leave
The mistake: Taking furniture, electronics, stock, vehicles, or other tenant property as “payment” for rent arrears; instructing a bailiff without first obtaining court leave.
Why it is costly: Section 14 of the Rent Act states that distress for recovery of rent may not be levied except with the leave of the court. A qualified and certified bailiff does not cure the problem if the required leave was never obtained in the first place.
In Samuel v Chaponda case cited above, the High Court found the distress illegal because the landlord authorized seizure of household goods without leave of the court. The court held that the tenant was entitled to damages equal to the full value of the seized goods, to be assessed, and ruled that the bailiff should indemnify the landlords for 50% of that loss.
The court stated thus:
There is undisputed evidence that the third party Edward Mukosiku, the bailiff is the person who took the warrant of distress to her (1st respondent) to sign. As a certified bailiff the third party is expected to know the provisions of the law set out in the Rent Act, Cap. 206 and which ought to be complied with for distress for rent to be lawful. It is therefore my view that he took advantage of the 1st respondents ignorance of the law to get her to sign the warrant of distress without leave of the Court permitting her to levy distress on the applicants household goods. That being the case, I order that the third party Edward Mukosiku will indemnify the 1st and 2nd respondents 50% of the full value of goods lost by the applicant due to the illegal distress as assessed by the Deputy Registrar.
Example: A landlord is owed K20,000 in rental arrears from a tenant. Rather than either sue or apply for leave of court first, the landlord instead hires a bailiff directly who removes televisions, sofas and appliances. If the process is unlawful, the landlord may be liable for the goods’ value—even where the tenant owed rent as clearly illustrated in the Samuel v Chaponda case above.
Preventative Solutions
i. Never seize, retain, auction, or dispose of tenant property informally;
ii. Obtain legal advice and apply for leave of court first before any distress for rent is levied by yourself personally or via court bailiffs;
iii. Use only properly authorized legal processes and properly instructed and knowledgeable bailiffs;
iv. Keep an accurate, signed inventory and supporting valuation evidence where court-approved enforcement proceeds.
3. Taking More Than Two Months’ Rent in Advance
The mistake: Demanding three, six, or twelve months’ rent upfront as a non-negotiable condition of a residential tenancy.
Why it is costly: Section 10 of the Rent Act prohibits a landlord, agent or employee from demanding or accepting rent in advance exceeding two months’ standard rent. Contravention may attract a fine of up to 4,000 penalty units, imprisonment of up to 12 months, or both; the court may also order repayment of the excess to the tenant.
The same issue arose in Samuel v Chaponda, where the landlord acknowledged that the agreement required three months’ rent in advance and stated she did not know that this was unlawful. This case illustrates an important commercial reality: that lack of awareness of current legal provisions is not an effective defence to legal challenges and is therefore not a sustainable safe compliance strategy to compel the recovery of rental arrears from a defaulting tenant.
Example: A landlord advertises a two-bedroom flat at K8,000 per month and expressly tells every applicant in the advert, “Pay one year upfront plus deposit or do not apply.” That demand can create legal exposure if the Rent Act applies to the tenancy.
Preventative Solution
i. Always structure residential rent collection within the statutory advance-rent limit to proactively prevent legal challenges;
ii. Separate rent, deposit, utilities and legitimate service charges transparently in the agreement;
iii. Avoid disguising excess advance rent as an “administration fee,” “booking fee,” “premium,” or “special deposit.”;
iv. Obtain a legal review of the payment clause before openly and publicly marketing the property;
4. Charging Unlawful Premiums and Other Hidden Entry Fees
The mistake: Charging a non-refundable “key fee,” “goodwill,” “allocation fee,” “booking premium,” or other lump sum simply because a tenant wants the tenancy.
Why it is costly: Section 15 of the Rent Act expressly prohibits requiring or taking a fine, premium, or similar pecuniary consideration in addition to the standard rent as a condition of granting, assigning, renewing, continuing, subletting, or occupying residential premises. The prohibited amount may be recoverable by the person who paid it, and the offence may attract a fine of up to 4,000 penalty units, imprisonment of up to 12 months, or both.
Example: A landlord advertises rent of K5,000 monthly but requires an additional non-refundable K15,000 “tenant introduction fee” before handing over keys. Calling it a different name does not necessarily make the charge lawful.
Preventative Solution
i. Use a plainly drafted payment schedule showing what each amount is for;
ii. Do not use unexplained or non-refundable entry charges;
iii. Ensure deposits are contractually justified, receipted, and subject to a documented handover and deductions process;
iv. Obtain legal advice before imposing any fee beyond rent, legitimate utilities, and clearly permissible services.
5. Increasing Rent Abruptly or Without Lawful Support or Backup
The mistake: Sending a message such as, “Rent doubles next month—accept it or vacate,” without lawful basis, notice, evidence, or a proper rent determination.
Why it is costly: Section 9 restricts recovery of rent above standard rent. Section 11 permits certain increases by written notice, including increases tied to increased rates and specified improvements or structural alterations. For improvements, the statutory calculation is limited to an annual rate not exceeding 15% of qualifying expenditure; ordinary repair or redecoration is not the same as a qualifying improvement.
In another Zambian High Court case of Siasamba and Others v Zulu [2012] ZMHC 49, the High Court criticized a unilateral 90% rent increase. The court emphasized that the landlord had not applied for determination of standard rent and held that the Rent Act remained applicable despite its archaicness or lack of touch with current prevailing economic conditions. The court in this case ordered repairs, prohibited an increase during the repair period, and directed valuation steps for determining standard rent.
Example: After repainting common areas and repairing a leaking roof, a landlord raises rent by 70% immediately. Routine repairs do not automatically justify a rent increase under the current residential statutory provisions.
Preventative Solutions
i. Include a legally reviewed rent-review clause in the tenancy agreement;
ii. Give written notice, state the legal and factual basis, and retain proof of service;
iii. Aways keep local, town, district or city council rates increase notices, invoices, contractor certificates, proof of payments, and records distinguishing repairs from capital/structural improvements;
iv. Where the Rent Act applies and standard rent has not been determined, seek formal legal guidance and, where necessary, a court determination rather than imposing a unilateral increase as was illustrated in the Siasamba and Others v Zulu case.
6. Failing to Maintain the Property in Habitable Repair
The mistake: Ignoring serious roof leaks, faulty wiring, sewer blockages, unsafe stairs, water failures, broken sanitation, or structural defects because “the tenant is paying less than market rent.”
Why it is costly: Section 24 provides that, unless the tenancy contract says otherwise, the landlord is deemed responsible for maintaining premises in good repair and suitable for human habitation. The court has legal powers under section 4 to order the landlord to carry out repairs.
In the Siasamba case, the High Court treated repairs as a statutory obligation, ordered repair work on water and sewer systems, electricals, roofing, fixtures, painting, driveways, parking and gardens, and linked the premises’ condition to rent determination.
Example: The tenant repeatedly reports exposed electrical wiring and persistent sewer overflow. The landlord delays for months, then demands higher rent. The tenant may seek court intervention for repairs, while the poor condition may undermine the landlord’s rent position and commercial reputation.
Preventative Solutions
i. Conduct a written pre-tenancy inspection and attach photographs to the agreement;
ii. Maintain a repair-reporting channel with dates, reference numbers and escalation procedures;
iii. Treat water, electricity, sanitation, structural and security risks as urgent;
iv. Budget a maintenance reserve; do not rely on rent increases to fund overdue essential repairs;
v. Document repairs with invoices, photographs, warranties and tenant acknowledgment.
7. Cutting Eater, Electricity, Security or Access to Pressure a Tenant to Pay Rentals
The mistake: Switching off water or electricity, blocking access, removing a gate remote, instructing a guard to deny entry, or withdrawing services because rent is overdue.
Why it is costly: Section 22 prohibits a landlord, except with leave of court, from depriving a tenant directly or indirectly of water, light, conservancy, sweeper or other service. Contravention is an offence punishable by a fine of up to 200 penalty units, imprisonment of up to one month, or both.
Example: A tenant owes rent for one month. The landlord tells the caretaker to disconnect water and electricity until payment is made. This may create statutory exposure and can intensify a manageable rent dispute into litigation.
Preventative Solutions
i. Pursue arrears through written demand, negotiation, mediation, payment arrangements or court process—not via utility disconnection;
ii. Clearly state in the tenancy agreement which utilities are tenant-paid and how metering, billing and arrears will be handled;
iii. Maintain records showing actual utility consumption, invoices and payments;
iv. Seek legal or court advice before withdrawing any service or restricting access.
8. Operating Without a Proper Written Agreement, Inspection Record and Rent Book
The mistake: Relying on verbal promises, cash payments, informal messages, or an estate agent’s memory rather than a signed tenancy file.
Why it is costly: The Rent Act defines a lease broadly enough to include written or verbal agreements. In other words, an oral arrangement can still create tenancy and legal obligations; the absence of paperwork mainly makes proof more difficult and disputes more expensive.
Section 19 requires landlords to keep a rent book and supply a copy to the tenant free of charge. It should record the parties, premises, standard rent, payable rent, and rent payments; each entry should be signed by the landlord or agent. Failure can lead to a fine of up to 2,000 penalty units, imprisonment of up to six months, or both.
Example: A tenant pays cash rent for 18 months without receipts. When the landlord alleges K30,000 arrears, neither party can reliably prove payments. The dispute becomes a costly credibility battle.
Preventative Solutions
i. Always ensure to use a written and fully signed tenancy agreement tailored to the property and tenancy type;
ii. Record full names, NRC/passport details, addresses, rent, payment dates, deposit, notice, permitted use, repairs, utilities, guests, subletting and breach procedures;
iii. Issue receipts immediately and maintain a compliant rent book or properly documented equivalent record;
iv. Complete signed move-in and move-out inspection reports with dated photographs, meter readings, keys and furniture inventory;
v. Prefer traceable payments into a dedicated property bank account or mobile-money channel with clear references.
9. Letting Unauthorized Subletting or Business Use Continue Unchecked
The mistake: Failing to control who occupies the premises, allowing a tenant to turn a residence into a boarding house, short-stay operation, office, salon, workshop, bar, warehouse, or informal subletting operation without legal backing and/or written approval.
Why it is costly: Under section 25 of the Rent Act, a tenant has no right to assign, sublet or part with possession without the landlord’s written consent, unless consent is unreasonably withheld and court consent is obtained. Unauthorized assignment, subletting or parting with possession can be a statutory ground for recovery of possession under section 13—but the landlord must still use the court process.
Example: A tenant rents a three-bedroom house for family use, then sublets each room and lists the house for short-term stays. The landlord may face overcrowding in his or her rental property, damage to property, neighbour complaints, higher utilities, insurance difficulties and uncertainty over who is actually occupying the property.
Preventative Solutions
i. State the permitted use clearly: residential only, named occupants, no business use, no Airbnb/short-stay activity, and no subletting without written consent;
ii. Require written disclosure of all adult occupants and an update when occupancy changes;
iii. Conduct lawful, scheduled inspections in accordance with the agreement;
iv. If a breach occurs, document it, issue an official written notice, and obtain legal advice before pursuing possession;
v. If consent to sublet is commercially acceptable, use a signed addendum that identifies the subtenant, rent, duration, insurance, utilities and liability.
10. Using and/or Applying the Wrong Law or Wrong Termination Process
The mistake: Treating residential and commercial premises the same way, assuming expiry of a contract automatically permits removal, or issuing a vague “vacate in 30 days” message without checking the tenancy type and statutory requirements.
Why it is costly: Residential premises generally fall under the Rent Act, while premises let for business purposes are governed by the Landlord and Tenant (Business Premises) Act, Chapter 193. The commercial statute provides security of tenure and requires a landlord’s termination notice to be in prescribed form, normally given not less than six and not more than 12 months before the proposed termination date, subject to the Act’s strict and mandatory requirements.
For residential premises, section 13 sets out specific possession grounds and notice requirements. For instance, a landlord seeking possession for personal residence under section 13(1)(e) must give at least 12 months’ notice; reconstruction or rebuilding under section 13(1)(i) requires at least six months’ written notice and a court order.
In the Siasamba case, the High Court held that “change of use” was not, by itself, a listed residential ground for possession under section 13, and described the landlord’s unilateral attempt to regain possession as contrary to the Rent Act.
Example: A landlord gives a business retailer one month to vacate a shop because the landlord wants to convert it into offices. If the premises are let for business purposes, the statutory process and notice requirements may apply under the Landlord and Tenant (Business Premises) Act, Chapter 193; a casual demand can be ineffective and expose the landlord to a dispute, delayed redevelopment and compensation risk.
Preventative Solutions
i. Classify the tenancy before signing: residential, business, employee accommodation, mixed use, short-term stay, or long lease;
ii. Verify whether statutory exclusions apply—for example, the Rent Act does not apply to a dwelling occupied by an employee as an incident of employment, Government lettings in specified respects, board-and-lodging premises under a permit, or leases for a term certain exceeding 21 years;
iii. Use the correct agreement, notice form, notice period, court route and legal basis for termination;
iv. Do not treat a fixed-term expiry as a licence for lockout; obtain advice on whether statutory continuation or other tenant rights apply;
v. Consult a qualified lawyer before issuing a possession notice, commencing redevelopment, selling with vacant-possession promises, or instructing enforcement agents.
A Practical Landlord Checklist
Before handing over the keys of your rental property, a prudent landlord should have the following in place:
1. A written and signed tenancy agreement appropriate to the property’s actual use.
2. Tenant identity and contact verification;
3. A rent book, receipt process and traceable payment method;
4. A signed inventory, condition report, photos and utility-meter readings.
5. Clear written terms on rent, deposit, utilities, repairs, access, occupants, subletting and termination;
6. A maintenance plan and emergency-repair contacts;
7. A documented arrears and dispute-escalation process;
8. A rule against lockouts, service cut-offs, property seizure and informal evictions;
9. Professional legal or property-management support before any possession action.
Your Immediate Action Step
Do not wait until the tenant has stopped paying, damaged the premises, sublet it, or threatened court action. By the time you the landlord changes locks, disconnects services, seizes goods or even issue invalid notices, the financial damage may already include lost rent, compensation, court costs, legal fees, damage claims, repair costs, your valuable income generating time wasted and prolonged vacancy.
Davik Real Estate Agency (Zambia) Limited can help landlords act early and professionally by assisting with effective tenant screening using an airtight and exclusive 'tenant application screening form' (TASF) which helps screen out bad tenants in advance and reduce tenant defaults to a bare minimum, properly structured tenancy documentation, recommended and easily trackable digital rent collection and management systems, rent books and receipts, property inspections, inventories, maintenance coordination, arrears follow-up, compliant notices, and referral to qualified legal practitioners where court action and representation is reasonably necessary and unavoidable.
Contact Davik Real Estate Agency (Zambia) Limited today for a landlord compliance review before a small tenancy problem becomes a deadly and costly legal emergency. The safest rental income is not merely collected—it is properly documented, professionally managed, and legally protected.
IMPORTANT NOTE: Kindly note that the current Rent Act, Chapter 206 and the Landlord and Tenant (Business Premises) Act, Chapter 193 of the Laws of Zambia, are currently and collectively undergoing major review by the Zambia Law Development Commission and may therefore be amended or completely repealed altogether and replaced with a consolidated statute or code that will govern both residential and commercial property lease law in Zambia. This law is still currently being reviewed including consultations with stakeholders.
Therefore, to stay updated in record time, please remember to subscribe to our blog on this very website so that as soon as any changes, amendments or complete repeal is effected to the current law, you may be alerted in real time in order for you to be in the know immediately rather than later on to proactively avoid or prevent potential legal mistakes and/or challenges as well as get well informed in advance before anyone else does.
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