Rent reduction and evictions during disasters

Abstract

Summary A national state of disaster was declared in terms of the Disaster Management Act 57 of 2002 followed by an implementation of a national lockdown in an effort to curb the spread of the Covid-19 virus. As a result of the lockdown, a large number of people were unable to work, which adversely affected their financial status, specifically their ability to pay rent. In this dissertation, I examine whether South African law adequately addresses instances in which one is unable to meet rental obligations due to an unforeseen disaster such as the Covid-19 pandemic. Do adequate rent control measures, such as rent reduction measures, exist to safeguard tenants' security of tenure during disasters as well as ensure the continuation of lease relationships? Furthermore, do existing eviction laws adequately protect tenants facing eviction during disasters when rent control measures fail to protect their security of tenure? Rent control is an extraordinary form of state intervention which is given effect to through legislation. Essentially, rent control permits tenants to remain in occupation of the leased property after the lease contract has been terminated. State intervention becomes necessary when public interests demand it. I submit that the Covid-19 pandemic is one such instance which required state intervention. Were the regulations promulgated in terms of the DMA sufficient and further will the said regulations apply beyond the Covid-19 pandemic? Can South Africa’s property law make use of resilience thinking to assist in carrying forth and elaborating on the DMA regulations. I found that the regulations promulgated in terms of the DMA were indeed sufficient to cater for the continuation of the lease relationship during the Covid-19 pandemic. Using resilience-thinking as tool to achieve future integration, I found that the same regulations should be carried forward after the pandemic.