With landlords demanding their money, eviction threats are on the rise. The lockdown situation has left many tenants and landlords in precarious positions. About 150 tenants living on a property in Bramley, Johannesburg, face eviction after failing to pay rent during lockdown. SUBSCRIBE. Such knowledge may stop a Landlord from abusing a Tenant’s rights unknowingly – a fact that may negatively affect any … This also means tenants are not allowed to move out during this period. Save my name, email, and website in this browser for the next time I comment. Unless you and your landlord have come to an agreement, Goslett clarifies that rent still needs to be paid as per normal. Government has banned any evictions during the lockdown, as well as sheriff services for evictions. A commercial tenant which is still able to trade, albeit constrained in trading, will not be excused from paying rent during lockdown. All rights reserved. In response to the world-wide pandemic, the increasing COVID-19 infections in South Africa and in an attempt to “lower the curve”, on 22 March 2020, ... For commercial tenants, these steps can include seeking alternative sources of income, reducing employee travel, … © Copyright Sister In Law. Read more to get all the info you need about renting or letting property. Designed by Conté Africa. “These circumstances are beyond their control and the landlord or agent will not be able to let the property to someone else during this lockdown, even if it’s empty.” Taking care of your tenants The concession will mean that these tenants will not be evicted for the next two months. The obligations of tenants as well as landlords are covered in statutory, as well as non-statutory law in South Africa. Professional advice must be sought from ENSafrica before any action is taken based on the information provided herein, and consent must be obtained from ENSafrica before the information provided herein is reproduced in any way. As conditions to qualify for this concession, the business has to have been in good standing (rent paid up to date) by the end of February 2020 and must also undertake not to retrench staff. If tenants cannot move in before 26 March, they will also not be required to pay rent until they can take occupation, according to Schaefer. The landlord or landowner must follow the necessary steps guided by these Acts in order to evict a tenant lawfully. LOCKDOWN: ARE YOUR CONSTITUTIONAL RIGHTS BEING INFRINGED? With roots that grew out of seeds sown in down-town Johannesburg in 1892, our history features various changes and different names. From the above, it appears that South African law requires that a strict test must be applied to determine whether a tenant will be excused from performance during the lockdown period. The economic effects of the government‑imposed lockdown (“Lockdown“) in order to contain and curb the spread of the Covid‑19 pandemic have been widespread across all sectors of business in South Africa, including the retail property sector. No information provided herein may in any way be construed as legal advice from ENSafrica and/or any of its personnel. Last update on October 30, 2020. For those shops and businesses which are to remain closed and operate from leased premises, the question arises as to whether the business owners (being tenants), must continue to pay rent to their respective landlords during the lockdown period. There is, however, one inaccuracy: that the lockdown is lawful in terms of section 37 of the Constitution. This initiative will primarily focus on businesses falling under the category of Small, Medium and Micro-sized Enterprises (SMMEs). Download Complaint Forms for the Rental Housing Tribunal. One of the tenants, a self-employed single mother whose livelihood has been severely disrupted, received a letter from her landlord’s attorney. Both landlords and tenants will have to act fairly and reasonably towards each other here, taking into account your respective abilities to comply with the terms of the lease during the state of disaster. On 1 June, South Africa transitioned into level 3 of lockdown. This quote was approved and applied by the Appellate Division in a case which makes it clear that an act of the legislature preventing performance qualifies as vis maior: “The intervention of the sovereign power, whether by legislation or by executive action, has the quality of vis maior”. As part of the plan to combat the spread of the Covid-19 virus, the government has suspended evictions across the country for the duration of the lockdown. The disease has since been reported in over 190 countries. However, we are currently not operating under normal circumstances, as the Corona Virus (Covid-19) global pandemic has threatened the economic stability of many countries around the world. Indeed, during this period, affected tenants will be deprived of the beneficial enjoyment of the leased premises, as it has become legally impossible for landlords to perform their obligation to give undisturbed use and enjoyment of the leased premises to their tenants. Therefore, if a person has been living in a formal or informal structure and without any alternative accommodation, their removal from that property will amount to an unlawful eviction and a violation of the lockdown regulations. PRINT Section 11 of ESTA states that the court will grant an eviction order of a person who was an occupier after 4 February 1997, where the consent to reside on the land was for a fixed and determinable time, and that time has lapsed. “While a tenant cannot be evicted during the 21-day lockdown if they fail to keep up with payments, they can be forced to vacate the premises once the lockdown period is over (depending on the terms in the lease agreement). “The Income Declaration Agreement enables tenants to officially declare to the landlord that their income has been affected due to the State of Disaster/lockdown, be this through part or full loss of income, retrenchment, temporary forced unpaid leave, or even shortened working hours.