Assisting landlords & tenants resolve property related disputes since 2008
Landlords, Tenants & the Disaster Management Act.
Since the introduction of the Disaster Management Act in March of 2020, the rental property market, for landlords and tenants has changed. Some tenants have lost their jobs and landlords have lost a source of income.
As unfortunate as the situation is, a tenant who cannot afford to pay the monthly rental due and the landlord who may not evict a non-paying tenant without a court order. Under level 3 these eviction applications would only be heard on an urgent basis. The landlord may apply for an eviction but the process may be suspended until the Act is lifted or the regulations allow, there may be extenuating circumstances but it would be advisable to consult with lawyers for advice.
“According to the Disaster Management Act regulations, “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.”
General advice from the government has been for the landlords and tenants to negotiate, in good faith, on agreeing to a deferment of rent or other arrangements that both parties can commit to. It is important for both parties to reduce any new agreements or arrangements into writing as an addendum to the current lease agreement. This should be dated and signed by both parties.
Contact a property professional if you are unsure of your legal rights as a tenant or landlord.
Nic Campher
Rental Rage Relief
084 744 0144
rentalragerelief@gmail.com
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