President Mnangagwa promulgates rental deferment regulations

Harare(New Ziana) – President Emmerson Mnangagwa on Wednesday promulgated
temporary regulations allowing tenants to defer their rental obligations during the Covid-19 lockdown period.

Zimbabwe is in the final week of a five week national lockdown enacted to curb the spread of the deadly Coronavirus.

However, the lockdown period is likely to be further extended given the continued rise of Covid-19 cases.

The country currently has 23 active Coronavirus cases.

In light of the fact that sources of income for tenants have been affected as a result of the lockdown, President Mnangagwa invoked the Presidential powers temporary measures Act to defer rentals and mortgage payments during national lockdown.

This means that tenants and landlords will not be penalised for failing to meet their rental and mortgage obligations because it is assumed that they failed to earn any income due to the lockdown.

“A protected tenant who does not pay the full or any portion of rent due and payable during the period of the national lockdown is conclusively presumed to be unable to do so by reason of the national lockdown whether because of the inability to earn or receive income or insufficient income or otherwise,” read part of the regulations.

“For the period of the national lockdown, no protected tenant shall be subjected to any increase or escalation of rental whether or not such increase or escalation is provided for under the rental contract.”

However, upon expiry of the lockdown period, the tenant is obliged to pay the deferred rentals in instalments without interest or any penalties.

“For the avoidance of doubt, it is declared that a person occupying rented accommodation for residential purposes is not prohibited from paying rental in full or to the extent that he or she is able to do so during the period of the national lockdown.”

Regarding mortgage payments, no protected mortgagor shall be evicted from mortgaged property for failing to pay their dues during the national lockdown period.

“With effect from the month of May, 2020 (or any later month on account of an extension of the national lockdown, in which event a later month shall be specified by General Notice in the Gazette), deferred mortgage repayments shall be paid by every protected mortgagor without interest or penalties of whatever nature for delayed payment.

“The protected mortgagor shall, unless he or she earlier pays the full amount, pay to the mortgagee without any deduction the sum of the mortgage repayment deferred for each month (beginning on the 1st April, 2020) or part of a month during which the national lockdown is in force in three equal monthly instalments: Provided that if a mortgage repayment is deferred in respect of two or more months during which the national lockdown is in force, repayment of the deferred mortgage repayment shall be staggered over the number of consecutive months equal to the number of one third payments of the mortgage repayment due for each month during which the national lockdown is in force.”
New Ziana