Many tenants in the KwaZulu-Natal Province of South Africa, as I am sure elsewhere, are under tremendous strain to keep up rental payments. My preliminary observations based on involvement in dispute resolution between landlords and tenants suggest that matters may come to a head as landlords unlawfully evict tenants who are in rental arrears due to the Covid-19 related reversal of fortunes. Many tenants cite the virus-occasioned lack of income as a legal basis to not pay rental.On the other hand, some landlords who for example rely on rental income to service their mortgages on the rental properties are in fear that they may eventually lose them due to loss of rental income. Many small landlords of course are not property investors as such, but rather rely on rental income from the odd room, outbuilding, backyard house, etc. for their very survival. In the interim, there are many accounts of non-payment of rental over months at this point, and tenant harassment and disconnection of basics like water and electricity by frustrated landlords. What is the way forward, and what legal principles will inform it? Where have similar scenarios occurred in the past, even on a smaller scale (than global), and what can we learn from them? How about the moral/humane aspects that may be overlooked by a purely legal stance that the lease agreement/contract is sacrosanct? Let us start a conversation around this very real dilemma.

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