No moving house during national lockdown

Do you have to move house during the national 21-day lockdown and, is it at all possible to stay within the lockdown regulations while moving?

The short answer, is No.

Some of the biggest property agencies in the country roped in industry experts to tackle some burning questions within the property market, all of which was brought on by the national lockdown.

According to the Private Property, the national lockdown affects the transfer of property, those who planned on moving house, landlords and tenants, and those who had planned on evicting tenants.

Could tenants who wanted to move at the end of March not manage to move before midnight on Thursday 26 March, they would have had to remain where they were at least until after the nationwide lockdown, which currently is expected to end at midnight on Thursday, 16 April. That is according to Andrew Schaefer, Managing Director of national property management company Trafalgar.

According to Schaefer, the State of Disaster regulations prohibit one from moving from one home to another during the lockdown period.

He also advised that, once a person eventually moves into a new home, it is advisable to ensure that a new home has been properly cleaned and sanitised before moving in. If tenants could not move in before 26 March, they can also not be required to pay rent until they can take occupation, according to Schaefer, as these circumstances are beyond their control and the landlord or agent will not be able to let the property to someone else during this lockdown, even if it’s empty.

Schaefer says the best advice for landlords with tenants currently in place and who were supposed to move out by 1 April, is to offer them a one-month extension on their lease so that they can also remain in place during the lockdown. They will also then be liable for rent for that month. Have you been given notice to vacate by 1 April, it would also be advisable to talk to the landlord about getting a month’s extension, and pay another month’s rent.

When a tenant loses his/her income

Schaefer says landlords need to know what options are open to them if tenants lose their income due to the lockdown or the economic effects of the Covid-19 pandemic.

Tenants previously paying rent in full and timeously, should ask a waiver to the effect that their deposit may be used as rent for a certain time instead of it having to be held in trust.

An alternative could be that tenants be treated leniently and a repayment plan worked out when the crisis is past or that a payment holiday be considered. Banks are reportedly currently working on plans to suspend certain loan payments during the lockdown. Ensure that a proper and valid contract be drawn up, ensuring that the deposit is to be re-instated, even in instalments, by a certain date and that the landlord will be able take legal action if the tenant reneges on this arrangement.

Landlords may now be obliged to let tenants, who were to move due to defaulting on their rent, stay on at least until the end of the lockdown period. Landlords are to keep reporting it to Credit Bureau and continue to follow the correct legal procedures so that the eviction process can begin promptly done after the State of Disaster is lifted, Schaefer advises.

Problems experienced can also be reported to the Rental Housing Tribunal at (011) 630 5035.

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