Protection from eviction goes with end of state of disaster
Category Rental Management
The protection from eviction, granted to tenants at the outbreak of the Covid-19 pandemic in March 2020, has now ended with the announcement, by the President, of the end of the state of disaster on 4 April 2022.
Property managers, WatchProp, says while this only applied to residential tenants who lost their jobs or had their salaries reduced as a direct result of the pandemic, misinterpretation of the protection granted caused many landlords to be left in serious financial distress.
These misinterpretations led to some tenants, not affected by job losses, having the impression that they could reduce, or even withhold, rent payments without the threat of eviction and without consultation with their landlord.
WatchProp managing director, Craig Coetzee says that the protection granted was subject to clear conditions. Tenants who were not affected could not claim this protection. However, unsuspecting landlords were not always able to fully understand or interpret the laws regarding this protection for tenants.
Residential property tenants no longer have these rights of protection and any eviction notices suspended during the pandemic will now, once again, be enforceable. While this may reverse the protection again, in many instances in favour of landlords, it is going to be a long road to recovery as tenants, who are yet still to get back to their normal earnings and landlords needing to recover lost income, will need time to "normalize" their contractual obligations.
Coetzee says that this is the start of a recovery in the economy process, which is expected to be with us for a while. The 2 years "lost" to the economy due to the pandemic has hit consumers hard with landlords being affected too. He recommends tenants continue engaging with their landlords to plan the payment of arrear rentals to avoid eviction.
The Rental Housing Act of 1999 is again applicable for any disputes regarding the rights of landlords and tenants.
For more information, contact WatchProp on 021 441 8800 or email info@watchprop.co.za.
Author: Watchprop