Tenants & New Homeowners Allowed To Move Once-Off - Limited Permits Between 7 May & 7 June

The Disaster Management Regulations have just been released on the Government website which specifically allow some tenants and new home owners to move house in limited circumstances.

Once off movement for tenants and home owners:

• If a new lease agreement was entered into before or during lockdown* i.e., before 30 April 2020;
• If the transfer of immovable property occurred before the lockdown* period i.e., before 27 March 2020;

then these tenants and home owners can move to their new place of residence between 7 May and 7 June 2020.

The transportation of household furniture and effects is permitted for the purpose of relocation.

Please click here to download the:

Permit to Travel to another province, metropolitan area or district for the purpose of relocation

During the move the person should have:

• A copy of the Permit signed by a SAPS Station Commander or a person designated by him or her.
• In his or her possession the relevant lease agreement indicating the date of expiry of the old lease and date of commencement of the new lease, or the transfer documents attesting to the change in place of residence or change of ownership of property.

Please click here for the Directions on once-off movement for relocation

Question 1: Are furniture removal companies permitted to move people?

Furniture removal companies are not essential services in terms of the Disaster Management Regulations, but for this specific Direction of once-off movement for relocation, furniture removal companies are permitted to move household goods and effects.

Question 2: Who is allowed to handover keys and perform inspections?

Tenants who are permitted to relocate will require a handover of keys to the premises. Landlords and tenants could arrange to perform the handover of keys at the premises and ensure proper social distancing and the use of personal protective equipment.

At this point, joint landlord and tenant incoming or outgoing inspections may be performed as legally required in terms of the Rental Housing Act (RHA).

The RHA definition of the landlord means the owner of the dwelling... and his or her duly authorised estate agent. Importantly, estate agents are not essential services but for this permitted purpose of once-off movement for relocation where the landlord has mandated the estate agent, in these very limited circumstances only, the estate agent could be permitted to handover keys and perform the inspection.

Conclusion

Landlords and estate agents who are facilitating the once-off movement to relocate should only engage with tenants who have obtained their permit officially stamped and signed by SAPS.

These are very exciting new Directions for the property market, although they speak to a very limited relief for relocation, it shows there is definitely intention to slowly open up the property market.

* Lockdown is defined in the Disaster Management Regulations to mean the period between 23H59 on 26 March, until 23H59 on 30 April 2020