Landlord & Tenant

Payment of Rent & Mortgage Payments in Zimbabwe

Appreciating the effects which the Covid-19 pandemic has had on people’s abilities to meet their rent and mortgage obligations, the Zimbabwean government on the 29th April 2020 promulgated the Presidential powers (Temporary measures) (Deferral of Rent and Mortgage Payments during National Lockdown) Regulations SI 96/2020. In summary the aforesaid Regulations provide that for the duration of the national lock-down (and any extension thereof).

Tenants of residential premises are granted a deferral of the obligation to pay rent.

The aforesaid tenants shall not be subjected to any legal proceedings for (nor shall any court make an order for) their eviction or ejectment from the land or premises constituting the rented accommodation or for the payment of damages.

Mortgagors are granted a deferral of the obligation to make Mortgage repayment.

Mortgagors shall not be subjected to any legal proceedings for (nor shall any court make an order for) the foreclosure of a mortgage bond or other action for the taking of possession of a mortgaged property from the land or premises constituting the mortgage property or for, the payment of damages.

With effect from the month of May 2020 (or any later month on account of an extension of the national lockdown) deferred Mortgage repayments and deferred rent payments shall be paid in three equal installments (without interest or penalties of whatever nature for delayed payment).

Surprisingly the aforesaid regulations do not apply to tenants occupying commercial properties. To that extent, they are discriminatory. We will analyze the aforesaid Statutory Instrument in our next installment. Payment of Rents & Mortgages in Zimbabwe.

Please read our newsletter on COVID-19 AND CONTRACTUAL OBLIGATIONS as we continue to look into Covid-19 And Contractual Obligations.

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