How to Handle Evictions as Landlords in Level 2
Category Advice
Photo by Morning Brew on Unsplash
It's been a tough year for everybody, particularly for landlords relying on income from tenants, and on the flip side of the coin - the strain of tenants having to pay hefty rent without an income. There is no doubt that the global pandemic and national lockdown has been a shock to our economy and pockets.
In light of this, it is always advisable that landlords with logistics and industrial properties try and give a certain amount of leeway to their tenants not only as an act of empathy, but for the practical fact that it may be difficult to replace tenants in an economic recession.
Evictions are legally not allowed in , except under exceptional circumstances decided by a court. Cooperative Governance Minister Nkosazana Dlamini Zuma said, "A person may not be evicted from his or her land or home or have his or her place of residence demolished for the duration of the national state of disaster unless a competent court has granted an order authorising the eviction or demolition."
You need to take this into consideration before you file a legal complaint and start a lengthy and expensive court battle. If you want to avoid this, there are other ways you can handle your tenants' growing debt.
We recommend meeting with each tenant on a regular basis and discussing their current financial situation, and their plans to start paying their rent. Many landlords either gave tenants a rental 'holiday' or reduced their rentals for at least 3 months around the level 5 lockdown. This was an extremely considerate approach, but for most landlords, it is not an offer they can afford to extend for much longer. If your tenants are still struggling financially, it may be worth sitting down together with a financial or legal advisor and working out a payment plan that suit both tenant and landlord. Perhaps a repayment plan once your tenants' business is up and running again to make up for the rental shortfall would be a good agreement to put in place.
If you'd like some more advice on this as either a tenant or landlord, our knowledgeable brokers have been in the property game for years and can offer some useful insight. Give them a call - they're always happy to assist!
Author: Haylea Haynes
