By Shamiso Mangwengwende, Associate

The regulations apply to residential premises only and give details of the temporary relief that tenants and mortgagors (those that owe money under a mortgage) have in respect of rent and mortgage payments respectively. Rent and mortgage payments accrued during the lockdown period have been deferred and can be repaid in instalments after the lockdown by tenants and mortgagors who are unable to make payment immediately.

• A tenant shall not be evicted from a property because of rental arrears accrued over the lockdown period.
• A tenant’s property cannot be taken from them in place of any rent due to the landlord.
• If a tenant can pay the rent in full or in part then they are free to do so.
• If a tenant is unable to pay the rent due for the lockdown period then the arrears shall be paid in instalments and free of interest from May 2020 or whenever the lockdown is lifted.
• This means that rent for April 2020 shall be paid in three instalments in the three months preceding the end of the lockdown.
• if the lockdown is extended the deferred rent shall be paid in further three month instalments for every month of lockdown i.e. one month of deferred rent is payable in three instalments, two months of deferred rent is payable in six instalments, three months of deferred rent is payable in nine instalments.
• The instalments for the deferred rent shall be paid together with the monthly rental that is normally due after the lockdown.
• A landlord cannot increase rentals during the lockdown period.
• If a tenant fails to pay the deferred rent after the lockdown in terms of the regulations (within 14 days from the date that the instalment is due) then they can be evicted in terms of usual court processes and the protection given under the regulations will no longer apply.
• The instalment calculations applied to deferred rental payments apply to mortgage payments in the same manner.

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