Presidential Powers (Temporary Measures) (Deferral of Rent and Mortgage Payments During National Lockdown) Regulations, 2020

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Year: 
2020
Number of SL: 
96
Date of assent: 
29 April 2020
Date of promulgation: 
29 April 2020
Date of commencement: 
23 March 2020
Issuing Authority: 
Goverment of Zimbabwe
In-force: 
Yes
Link to Related Sis: 
https://zimlii.org/zw/legislation/si/2020/76
Link to Related Legislation: 
https://zimlii.org/zw/legislation/si/2020/83
Taxonomy: 
SI, Presidential Powers, Covid-19, Coronavirus, Rentals, Lease , Lessor, Deferred Payments

[CAP. 10:20
Presidential Powers (Temporary Measures) (Deferral of Rent and 

Mortgage Payments During National Lockdown) Regulations, 2020

 

ARRANGEMENT OF SECTIONS

Section

  1.  Title.

  2.  Interpretation.

  3.  Restraint on eviction, etc. of protected tenants.

  4.  Restraint on foreclosure, etc. against protected mortgagors.

  5.  Post-deferral payment of rental arrears.

  6.  Post-deferral payment of mortgage arrears.

       WHEREAS a State of Disaster in connection with the COVID-19  formidable infectious disease was declared on the 23rd March, 2020,  by Statutory Instrument 76 of 2020;

       AND WHEREAS the Public Health (COVID-19 Prevention,  Containment and Treatment) (National Lockdown) Order, 2020,  was published on the 29th March, 2020, in Statutory Instrument 83  of 2020, declaring a national lockdown to contain the spread of the  COVID-19 formidable infectious disease with effect from the 30th  March, 2020 to the 19th April, 2020;

       AND WHEREAS it is provided in section 2(1) of the Presidential  Powers (Temporary Measures) Act [Chapter 10:20] that “When it appears  to the President that a situation has arisen or is likely to arise which needs  to be dealt with urgently in the interests [inter alia] of …public safety…. [and] public health…and the situation cannot adequately be dealt with in  terms of any other law; and because of the urgency it is inexpedient to  await the passage through Parliament of an Act dealing with the situation;  then, subject to the Constitution and this Act, the President may make  such regulations as he considers will deal with the situation”;
       AND WHEREAS on account of the national lockdown many  persons are on forced leave from employment and therefore unable  to earn the income necessary to pay for, among other things, rental  for residential accommodation and mortgage repayments; 
       NOW, THEREFORE HIS Excellency the President, in terms  of section 2 of the Presidential Powers (Temporary Measures) Act  [Chapter 10:20], hereby makes the following regulations:—

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Presidential Powers (Temporary Measures) (Deferral of Rent and  Mortgage Payments During National Lockdown) Regulations, 2020

Title

          1. These regulations may be cited as the Presidential Powers  (Temporary Measures) (Deferral of Rent and Mortgage Payments 

During National Lockdown) Regulations, 2020.

Interpretation

          2. In these regulations—

               “deferred mortgage repayment” means any mortgage 

repayment the repayment of which is deferred by virtue 
of these regulations;

               “deferred rental” means any rental the payment of which is 
deferred by virtue of these regulations;

               “national lockdown” means the restrictions on the movement of 
persons and on intercity, airborne and cross border traffic 
prescribed by the Public Health (COVID-19 Prevention, 
Containment and Treatment) (National Lockdown) Order, 
2020 (Statutory Instrument 83 of 2020);

               “mortgage” means a mortgage of immovable property or a 
registered cession of a mortgage bond over immovable 
property,  and “mortgagor”, “mortgagor” and “mortgaged 
property” shall be construed accordingly;

               “mortgage bond” means a bond attested by the Registrar of 
Deeds specially hypothecating immovable property;

               “owner”, in relation to the land or premises occupied by 
a protected tenant, includes the legal representative 
authorised by such owner;

               “protected mortgagor” means a mortgagor protected from any 
legal proceedings referred to in section 3 to the extent that 
he or she is unable to pay rent in the circumstances set 
forth in section 3 during the period of national lockdown 
and complies with section 5 after such lockdown;

               “protected tenant” means a tenant protected from any legal 
proceedings referred to in section 3 to the extent that 
he or she is unable to pay rent in the circumstances set 
forth in section 3 during the period of national lockdown 
and complies with section 5 after such lockdown.

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Restraint on eviction, etc. of protected tenants

          3. (1) Notwithstanding anything to the contrary in any other  law (statutory or non-statutory), for the duration of the national  lockdown (and any extension thereof), but subject to this section, a  person occupying rented accommodation for residential purposes—                           (a)   is hereby granted a deferral in terms of these regulations  

of the obligation to pay such rental during the period of 
the national lockdown;

               (b)   shall not be subjected to any legal proceedings for (nor 
shall any court make any order for)— 

                            (i)  the eviction or ejectment from the land or premises 
constituting the rented accommodation during 
the period of the lockdown, nor afterwards if the 
protected tenant complies with section 5;

                          (ii)  the recovery of possession of the land or premises 
constituting the rented accommodation during 
the period of the lockdown, nor afterwards if the 
protected tenant complies with section 5;

                         (iii)  for the payment of damages by such renter in 
respect of the occupation or purported trespass 
of the land or premises constituting the rented 
accommodation, if the tenant is a protected tenant 
and otherwise complies with section 5.

               (2) For the avoidance of doubt it is declared that—
               (a)   a person occupying rented accommodation for residential 

purposes is not prohibited from paying rental in full or 
to the extent that he or she is able to do so during the 
period of the national lockdown, in which event these 
regulations shall apply to him or her as a protected 
tenant only to the extent that any rent or portion thereof 
is unpaid by him or her during that period;

               (b)   a protected tenant who does not pay the full or any portion 
of rent due and payable during the period of national 
lockdown is conclusively presumed to be unable to do 
so by reason of the national lockdown, whether because 
of the inability to earn or receive income or sufficient 
income or otherwise.

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Presidential Powers (Temporary Measures) (Deferral of Rent and  Mortgage Payments During National Lockdown) Regulations, 2020

               (3) For the period of the national lockdown, no protected tenant  shall be required by the owner of the land or premises constituting  the rented accommodation to vacate the land or premises during the  national lockdown for any reason (other than non-payment of rent)  afforded to such owner by law to compel the vacation of such land  or premises:

               Provided that this paragraph does not apply to the temporary  vacation of property for the purposes referred to in section 6(1)(d)  Public Health (COVID-19 Prevention and Containment) Regulations,  2020 (Statutory Instrument 77 of 2020).

               (4) For the period of the national lockdown no protected  tenant—

               (a)   be subjected to any landlord’s lien for the recovery of 

rent unpaid during the lockdown; 

               (b)   be subjected to any increase or escalation of rental, 

whether or not such increase or escalation is provided 
for under the rental contract.

               (5) This section applies to all contracts for the payment  of rental for accommodation for residential purposes, whether the  obligation to pay rental is statutory or contractual.

Restraint on foreclosure, etc. against protected mortgagors

          4. (1) Notwithstanding anything to the contrary in any other  law (statutory or non-statutory), for the duration of the national  lockdown (and any extension thereof), but subject to this section, 

every mortgagor—

               (a)   is hereby granted a deferral in terms of these regulations 

of the obligation to make mortgage repayments;
               (b)   shall not be subjected to any legal proceedings for (nor 

shall any court make any order for)— 

                        (i)   the foreclosure of a mortgage bond or other action 

for the taking of possession of a mortgaged property;
                       (ii)   the eviction or ejectment from the land or premises  constituting the mortgaged property, during the 
period of the lockdown, nor afterwards if the 

protected mortgagor complies with section 6; 

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                     (iii)   the recovery of possession of the land or premises 

constituting the mortgaged property during the 
period of the lockdown, nor afterwards if the 
protected mortgagor complies with section 6;

                      (iv)   for the payment of damages by such protected 
mortgagor in respect of the occupation or purported 
trespass of the land or premises constituting the 
mortgaged property, if the protected mortgagor 
complies with section 6.

               (2) For the avoidance of doubt it is declared that—
               (a)   a person occupying mortgaged property is not prohibited 

from paying his or her mortgage obligations in full or to 
the extent that he or she is able to do so during the period of 
the national lockdown, in which event these regulations 
shall apply to him or her as a protected mortgagor only 
to the extent that any mortgage repayment or portion 
thereof is unpaid by him or her during that period;

               (b)   a protected mortgagor who does not pay the full or 
any portion of a mortgage repayment due and payable 
during the period of national lockdown is conclusively 
presumed to be unable to do so by reason of the national 
lockdown, whether because of the inability to earn or 
receive income or sufficient income or otherwise.

               (3) For the period of the national lockdown, no protected  mortgagor shall be required by the mortgagee of the mortgaged property  to vacate mortgaged property during the national lockdown for any  reason (other than non-payment of a mortgage payment) afforded to such  mortgagee by law to compel the vacation of such mortgaged property:   Provided that this paragraph does not apply to the temporary  vacation of property for the purposes referred to in section 6(1)(d)  Public Health (COVID-19 Prevention and Containment) Regulations,  2020 (Statutory Instrument 77 of 2020).

               (4) For the period of the national lockdown no protected  mortgagor—

               (a)   be subjected to any landlord’s lien for the recovery of 

rent unpaid during the lockdown;  

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Presidential Powers (Temporary Measures) (Deferral of Rent and  Mortgage Payments During National Lockdown) Regulations, 2020

               (b)   be subjected to any increase or escalation of mortgage 

repayments, whether or not such increase or escalation 
is provided for under the mortgage bond.

Post-deferral payment of rental arrears

          5. (1) With effect from the month of May, 2020 (or any later  month on account of an extension of the national lockdown, in which  event a later month shall be specified by General Notice in the Gazette),  deferred rental shall be paid by every protected tenant (without interest  or penalties of whatever nature for delayed payment) in the manner 

prescribed by this section.

               (2) The protected tenant shall (unless he or she earlier pays  the full amount) pay to the owner without any deduction the sum of  the rental deferred for each month (beginning on the 1st April, 2020)  or part of a month during which the national lockdown is in force in  three equal monthly instalments:

               Provided that if rent is deferred in respect of two or more  months during which the national lockdown is in force, repayment of  the deferred rental shall be staggered over the number of consecutive  months equal to the number of one-third payments of rental due for  each month during which the national lockdown is in force.
               (3) In amplification of the proviso to subsection (2), if rent  is deferred in respect of—

               (a)   two months during which the national lockdown is 

in force, the deferred rental is repayable in six equal 
instalments over six months beginning with the month 
immediately following the month in or at the end of 
which the national lockdown is terminated;

               (b)   three months during which the national lockdown is 
in force, the deferred rental is repayable in nine equal 
instalments over nine months beginning with the month 
immediately following the month in or at the end of 
which the national lockdown is terminated;

and so on.

               (4) The failure to pay any instalment of deferred rental by the  fourteenth day after the last day on which payment of the instalment 

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of such rental is due shall render the protected tenant liable to any  proceedings in law for the recovery of such rental or rentals, including  (for the avoidance of doubt) proceedings from which he or she had  formerly been protected under section 3.

               (5) For the avoidance of doubt it is declared that the obligation  to pay deferred rentals under this section is additional to the obligation  to pay the rent due for the month in question.

Post-deferral payment of mortgage arrears

          6. (1) With effect from the month of May, 2020 (or any later  month on account of an extension of the national lockdown, in  which event a later month shall be specified by General Notice in  the Gazette), deferred mortgage repayments shall be paid by every  protected mortgagor (without interest or penalties of whatever nature 

for delayed payment) in the manner prescribed by this section.
               (2) The protected mortgagor shall (unless he or she earlier  pays the full amount) pay to the mortgagee without any deduction the  sum of the mortgage repayment deferred for each month (beginning  on the 1st April, 2020) or part of a month during which the national  lockdown is in force in three equal monthly instalments:
               Provided that if a mortgage repayment is deferred in respect of  two or more months during which the national lockdown is in force,  repayment of the deferred mortgage repayment shall be staggered  over the number of consecutive months equal to the number of one- third payments of the mortgage repayment due for each month during  which the national lockdown is in force.

               (3) In amplification of the proviso to subsection (2), if a  mortgage repayment is deferred in respect of—

               (a)   two months during which the national lockdown is in 

force, the deferred mortgage repayment is repayable in 
six equal instalments over six months beginning with 
the month immediately following the month in or at the 
end of which the national lockdown is terminated;

               (b)   three months during which the national lockdown is in 
force, the deferred mortgage repayment is repayable in 
nine equal instalments over nine months beginning with 

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Presidential Powers (Temporary Measures) (Deferral of Rent and  Mortgage Payments During National Lockdown) Regulations, 2020

 

the month immediately following the month in or at the  end of which the national lockdown is terminated;

and so on.

               (4) The failure to pay any deferred mortgage repayment by the  fourteenth day after the last day on which a payment of an instalment  of such repayment is due shall render the protected mortgagor liable to  any proceedings in law for the recovery of such repayments, including  (for the avoidance of doubt) proceedings from which he or she had  formerly been protected under section 4.

               (5) For the avoidance of doubt it is declared that the obligation  to pay deferred mortgage repayments under this section is additional  to the obligation to pay the mortgage repayment due for the month  in question.

 

Supplement to the Zimbabwean Government Gazette Extraordinary dated the 29th April, 2020. 
Printed by the Government Printer, Harare.

 

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