PRESIDENT Mnangagwa yesterday signed into law the deferment
of payment of rentals and mortgages during lockdown to assist people that have
lost income in honouring these obligations.
Statutory Instrument (SI) 96 of 2020 Presidential Powers
(Temporary Measures) (Deferral of Rent and Mortgage Payments During National
Lockdown) Regulations, 2020 promulgated yesterday, comes a day after Cabinet’s
recommendation to give relief to tenants and landlords during the lockdown.
“Whereas on account of the national lockdown many persons
are on forced leave from employment and therefore unable to earn the income
necessary to pay for, among other things, rental for residential accommodation
and mortgage repayments; now, therefore His Excellency the President, in terms
of Section 2 of the Presidential Powers (Temporary Measures) Act [Chapter
10:20], hereby makes the following regulations…” reads the decree.
The SI 96 of 2020 defers payment of rentals and mortgages
without the risk of being evicted, disposed from land or sued from May until
the end of the lockdown.
The new law allows tenants and those with mortgage debts to
pay their landlords and creditors in a staggered manner.
Tenants and mortgagors are allowed to pay rentals, without
interest staggered in equal instalments over three months for each month under
lockdown. Due to the national lockdown, most residents have not generated
income to enable them to pay May rentals that are due as from tomorrow.
The lockdown period began on March 30 and is set to end on
Sunday.
Residents said the Cabinet’s resolution was realistic
considering the economic impact caused by Covid-19 on the country and
individuals.
Tenants who spoke to the news crew yesterday said unpaid
rentals have become a source of conflict in their lodgings.
Mrs Sikhathazile Nyathi from Mzilikazi said if the
moratorium is declared, it would protect her family from being tormented by a
landlord.
“It is something that we hope could be implemented because
already I’m facing challenges with my landlord. I live in one room with my
husband and children. But because we had not cleared April rentals, the
landlord in protest is now sleeping in our room, on our sofa. He is saying he
will only vacate the room once we pay up the R300 rent but we don’t have the
money. He is threatening us with evictions,” said Mrs Nyathi.
She said she was a vendor who operated at Renkini Bus
Terminus but due to lockdown, she has been grounded struggling to even put food
on the table.
Mrs Nyathi said she was even contemplating deserting city
life after lockdown and relocate to rural areas where they are no demands for
monthly rentals.
Another resident, Ms Sukoluhle Dube from Nkulumane suburb
said the Cabinet’s decision was very noble as most people have not generated
any income this month.
Ms Dube said moral suasion between landlords and tenants
would be more effective than Government’s decrees.
“I had already come to an agreement with my landlord over
payment of rentals. Due to the lockdown that saw me not working all along, my
landlord said once the lockdown has ended, I can pay the rental in instalments.
I think such decision largely depends on the existing relations between the
landlords and their tenants. I have a very good relationship with my landlord.
I have stayed in the house for seven years,” said Ms Dube.
Another tenant, Mr Celestine Mafuka, said delayed payments
of rentals have both positive and negative impacts.
“Imagine we agree with the landlord that I will pay rentals
when I get the money after lockdown. But I stay in a house of an elderly person
largely depending on rentals payments for livelihood. In case I buy groceries
do you think the landlord would be comfortable with me seemingly eating
lavishly in their house when they won’t be having anything while I claim that I
do not have money to pay rentals. We should aim to strike a balance,” said Mr
Mafuka.
Landlords who spoke to the news crew said most of them
depended on rental money for survival.
They argued that while Government proposes a moratorium on
rental payments, local authorities still demand payment of rates. Others said while the idea is good, most tenants cannot be
trusted.
Mr Bernard Sibanda from Nkulumane suburb said some tenants
may decide to leave their rented homes to evade paying delayed rentals.
“What will happen then when the tenant decides to run away.
But as a parent with a child who is also a tenant somewhere, I believe bringing
relief to lodgers will be good but if they also commit to being honest. We live
with them they have not being working so their realities are very clear to us.
Government in coming up with the law, should create a legal framework that will
make it punishable if a lodger escapes from lodgings,” said Mr Sibanda.
A landlord who only identified herself as Mrs Moyo said
tenants should find ways of paying rentals even during lockdown.
“The same way council expects us to pay rates, is the same
way we want our tenants to pay rent. Some of us have been depending on these
monthly rental payments for over 20 years. That is how we feed our families,”
said Mrs Moyo. Chronicle
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