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In Zimbabwe the rights that determine lease and tenancy agreements are prescribed by a combination of statutory regulations and judgments of the courts which form precedent with the purview to ensure a fair and safe living environment. Tenancy Agreements are formed on the basis of a framework that distinguishes between various types of lease agreements with the most common being a fixed lease agreement and a periodic lease agreement. |
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Below are some key rights to be cognisant of whether you are a landlord or a tenant. However, these rights are not exhaustive and matters should be considered on a case by case basis. Right to a Habitable Premises Landlords must provide properties that meet basic health and safety standards, including essential utilities like clean water and electricity. Right to Peace, Enjoyment of Premises Tenants have the right to enjoy their rentals without unreasonable interference from landlords, who must provide advance notice before entering the property. Furthermore, tenants have the right to live in peace without disturbances from landlords or other tenants. Protection against Arbitrary and Unfair Eviction Landlords must follow a structured process, including providing written notice and/or obtaining a court order, before evicting a tenant. |
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In most cases 3 months’ notice to terminate a lease agreement is the standard amount of notice to be given, as this will permit either the landlord to find another tenant or allow the tenant to find alternative accommodation. Clear Documentation of Fees and Charges Landlords must ensure that any and all fees and charges are clearly outlined in the lease agreement. The Landlord has a right to be paid any rental amounts, fees and charges on time. In order to make sure that this right is adhered to it is prudent to clearly outline in the lease agreement the date upon which rentals, fees and charges are due. |
Key Responsibilities of Landlords
- Maintain the Property - Ensure the property is fit for habitation and complies with health and safety regulations;
- Handle Repairs - Address essential repairs promptly to maintain the property's habitability.
- Follow Legal Procedures - Adhere to proper procedures for rent increases and evictions.
Dispute Resolution
In case of disputes, tenants and landlords can resolve issues through:
- By communicating directly with one another in an attempt to negotiate and agree on solutions;
- Approaching a professional mediator as a neutral third party can facilitate discussions with the aim of amicably resolving any misunderstandings;
- Approaching the Rent Board by filing a complaint on any particular eventualities which may have arisen during the subsistence of the tenancy. However, it is advisable to seek alternative dispute mechanisms before engaging the rent board with any complaints.
- Legal Action where alternative dispute mechanisms have not been successful.
For further information on the rights and obligations of parties to a lease agreement, it is advisable to seek legal advice on a particular matter which one may encounter.
