Full Text Available
Note: Clicking the button above will open the full text document at the original institutional repository in a new window.
Rent reduction and evictions during disasters
Mini Dissertation (LLM (Mercantile Law))--University of Pretoria, 2022.
Saved in:
| Other Authors: | |
|---|---|
| Format: | Thesis |
| Language: | English |
| Published: |
University of Pretoria
2023
|
| Subjects: | |
| Tags: |
No Tags, Be the first to tag this record!
|
| _version_ | 1867613533802332160 |
|---|---|
| access_status_str | Open Access |
| author2 | Joshua, Clireesh |
| author_browse | Joshua, Clireesh |
| author_facet | Joshua, Clireesh |
| collection | Thesis |
| dc_rights_str_mv | © 2022 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
| description | Mini Dissertation (LLM (Mercantile Law))--University of Pretoria, 2022. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/89473 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:37:39.871Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2023 |
| publishDateRange | 2023 |
| publishDateSort | 2023 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/89473 Rent reduction and evictions during disasters Joshua, Clireesh u10041789@tuks.co.za Muller, Gustuv Morgets, Bubbly Emmah UCTD Rent reduction Landlords-tenants Evictions Covid-19 pandemic Disasters Mini Dissertation (LLM (Mercantile Law))--University of Pretoria, 2022. Summary A national state of disaster was declared in terms of the Disaster Management Act 57 of 2002 followed by an implementation of a national lockdown in an effort to curb the spread of the Covid-19 virus. As a result of the lockdown, a large number of people were unable to work, which adversely affected their financial status, specifically their ability to pay rent. In this dissertation, I examine whether South African law adequately addresses instances in which one is unable to meet rental obligations due to an unforeseen disaster such as the Covid-19 pandemic. Do adequate rent control measures, such as rent reduction measures, exist to safeguard tenants' security of tenure during disasters as well as ensure the continuation of lease relationships? Furthermore, do existing eviction laws adequately protect tenants facing eviction during disasters when rent control measures fail to protect their security of tenure? Rent control is an extraordinary form of state intervention which is given effect to through legislation. Essentially, rent control permits tenants to remain in occupation of the leased property after the lease contract has been terminated. State intervention becomes necessary when public interests demand it. I submit that the Covid-19 pandemic is one such instance which required state intervention. Were the regulations promulgated in terms of the DMA sufficient and further will the said regulations apply beyond the Covid-19 pandemic? Can South Africa’s property law make use of resilience thinking to assist in carrying forth and elaborating on the DMA regulations. I found that the regulations promulgated in terms of the DMA were indeed sufficient to cater for the continuation of the lease relationship during the Covid-19 pandemic. Using resilience-thinking as tool to achieve future integration, I found that the same regulations should be carried forward after the pandemic. Mercantile Law LLM (Mercantile Law) Unrestricted 2023-02-14T09:39:14Z 2023-02-14T09:39:14Z 2023-04 2022 Mini Dissertation * A2023 https://repository.up.ac.za/handle/2263/89473 en © 2022 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria |
| spellingShingle | UCTD Rent reduction Landlords-tenants Evictions Covid-19 pandemic Disasters Rent reduction and evictions during disasters |
| title | Rent reduction and evictions during disasters |
| title_full | Rent reduction and evictions during disasters |
| title_fullStr | Rent reduction and evictions during disasters |
| title_full_unstemmed | Rent reduction and evictions during disasters |
| title_short | Rent reduction and evictions during disasters |
| title_sort | rent reduction and evictions during disasters |
| topic | UCTD Rent reduction Landlords-tenants Evictions Covid-19 pandemic Disasters |
| url | https://repository.up.ac.za/handle/2263/89473 |