The impact of the COVID-19 regulations on rent obligations

Résumé 0

The COVID-19 pandemic has led to the introduction of a range of regulatory measures, which has had a detrimental impact on the rights of South Africans, in general, and specifically the ability of commercial lessees to trade. A large number of commercial lessees were forced to close their businesses for lengthy periods of time, which effectively meant that they were deprived of the use and enjoyment of their leased premises. It is unclear whether such lessees, who have been either partly or absolutely deprived of the use of their premises, should continue to make rental payments. The common law is explored to cast light on this issue, taking account of the use of force majeure clauses and the operation of the lockdown measures as a form of vis maior. The common law position regarding vis maior and its impact on rent obligations is further considered with reference to regulatory measures that were specifically introduced to assist parties that were negatively affected due to the lockdown measures in the commercial rental sector.