By Tsungirirai Marufu
Leasing is certainly the most common arrangement available in Zimbabwean law that allows for occupation and use of real property for a specified period, subject to the terms and conditions specified in the lease agreement.
In this short article, we will look at the requirements for a lease to be binding, the obligations on each party and some of the legal grounds for terminating a lease agreement.
A lease of immovable property is a reciprocal agreement/contract between one party (the lessor) and another party (the lessee) in terms of which the lessor agrees to give the lessee the temporary use and enjoyment of the property in return for payment of rentals.
The lessor and lessee are in other terms commonly known as landlord and tenant respectively.
For a lease to be binding, the lessor must agree to give the lessee the temporary use of the property and the lessee must agree to receive the same.
They must also agree on the property being leased as well as the rent for its use and enjoyment
Like any other contract, a lease must be legal and must not be prohibited by statute, common law or be contrary to public policy.
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For instance, if the letting of a certain property requires the consent of an official and his/her consent was not obtained then the lease would be illegal.
A lease can also be illegal if the rent charged is more than that which is prescribed by the rent board of the area.
A lease that is illegal cannot be enforced at law as such neither party can bring an action based on such a contract.
Unless the parties agree otherwise, the lessor has an obligation to maintain the leased property in a condition reasonably fit for the purpose for which they were let.
In other words, he has an obligation to maintain all the essential parts of the premises which become defective during the currency of the lease.
In short, it is the lessor’s duty to keep the premises “wind and water-tight”.
He/she is, however, under no obligation to repair damages caused by the negligence of the lessee or those for whom the latter is responsible.
It is critical to note that the law does not prohibit evictions from rented residential properties if conditions for eviction are met.
Where a lessee is not paying rent, a lease agreement becomes void as only the lessee benefits from the agreement while the lessor suffers prejudice in that he/she may have to maintain the property using his/her own money.
Zimbabwean laws are, however, against arbitrary evictions, whereby an eviction is done without obtaining a court order to that effect.
Where parties to a lease agreement are not in agreement in respect of any pertinent issue, for instance the rent amount or whether a rent increase is justified or not, either party can approach the Rent Board in their area.
The board will adjudicate on the disputes in a simple manner and give a directive.
In terms of the Rent Regulations, 2007 (SI 32/2007) the following are the recognised grounds to evict a lessee.
(i) Failure to pay rentals.
(ii) The lessee is or has materially damaging the property.
(iii) The lessee has caused material/substantial inconvenience to the neighbours or the lessor.
(iv) The lessor will be using the property for his own purpose for more than 6 months.
(v) Where the lessor will be rebuilding the property making it unfit for human habitation during that period.
(vi) Where a lease has been lawfully terminated and the lessee is refusing to vacate.
A lessor cannot remove a tenant’s belongings from a property, lock a lessee out or disconnect critical services such as water and electricity even if he is owed rentals.
The law directs that where a lessee fails to pay rentals, a lessor must demand payment of the arrear rentals within a specific period of time and should the lessee fail to pay, the lessor can terminate the lease agreement and sue the tenant for eviction, arrear rentals as well as holding over damages.
In conclusion, it is imperative for parties to have written lease agreements which are explicit in terms of obligations and expectations so that in the event of disputes they can easily find recourse in terms of the law.
