Your rights regarding rental of residential property during lockdown
Some of the big banks have been accommodating during this time and have allowed payment holidays for mortgage bond payments
On March 27, South Africa went into lockdown which plummeted the country into an unprecedented state, leaving most of us confused and uncertain of what this truly meant for our jobs, livelihoods and the economy as a whole.
Many landlords and tenants alike have been enquiring what this means for the rental of residential property, so here are a few of your questions answered in that regard:
1. Is rental payable on the residential property during a lockdown?
Yes. You are receiving the full benefit of your occupation and accordingly rental is payable.
2. What if you have lost your job/received a reduced salary and factually cannot pay rent?
Our advice is to approach your landlord and try and ascertain if you can come to a payment arrangement regarding the rental due.
3. Are there any relief measures available to landlords?
Some of the big banks have been accommodating during this time and have allowed payment holidays for mortgage bond payments. This may assist landlords in trying to accommodate their tenants if they are unable to pay rental at this time.
4. Can you be evicted during a lockdown?
No. The regulations prohibit eviction orders from being executed during lockdown. Landlords still may, however, approach a court for an eviction order if a tenant is in breach of the lease agreement but they may not remove anyone from the property during lockdown.
5. Can you move properties during a lockdown?
Yes, under specific circumstances. If you bought a property and the property was transferred (registered) into your name prior to lockdown then you can now move into your property. If you entered into a lease agreement before or during the lockdown then you can take occupation of the leased property. Please be advised that you need to move on or before June 7, 2020, according to the current regulations.
(Information: MRR – www.mrr.co.za)
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