THE IMPACT OF COVID 19 ON THE LANDLORD AND TENANT RELATIONSHIP.

1. On the 10th of june 2020, a landlord from masaka set his tenant on fire inside his rented house because of non payment of rent.

2. some landlords have violently resorted to removing their roof tops leaving the properties of their clients at the risk of being stolen or damaged by rain.

3 Others have threaten to forcefully evict. their tenants.

1. While in the business city centre of Kampala, landlords are demanding that tenants first show proof of payment of the last three months before they can open their shops whereas tenants argue that they were under lockdown due to Covid 19 and didn't make any money.

How can the tenants and landlords be helped to live in harmony through the available legal regime and the various stakeholders?

You are most welcome to share your comments

Please share this link with your circles to join in on the discussion: http://websocial.laspnet.org/index.php?u=

Covid-19 has presented a financial strain on various people across the world. Recently, the President of Uganda advised landlords not to evict their tenants during this critical time since such evictions would exacerbate the spread of Covid-19.

In my opinion, this advice should be heeded to; and this involves cooperation between landlords and tenants. Landlords and tenants should try to resolve issues mutually before involving authorities. They can resort to revising the terms of their tenancy agreements to include more flexible payment plans; for example payment of rent in installments and temporary rent reductions.

Any revised agreements should be put into writing and signed by both parties, indicating agreed payment terms in order to protect both the landlords' and tenants' interests.

Tenants should be considerate to landlords and not expect suspension of rent payments since landlords as well have pressing obligations to meet during this period. Also, some tenants have been habitual rent defaulters and this makes it tricky on the landlord's part.

To foster good relations between landlords and tenants, continuous and timely communications should be made between the two. In case a tenant feels unable to meet his/her obligations, he/she should inform the landlord in a timely manner. Landlords should also try to be understanding where tenants are not able to meet their obligations.

Where parties to tenancy agreements fail to reach a consensus then they can involve authorities like the Local Council Chairperson, Community Liaison Officer, Resident District Commissioner, Police or other relevant authority within their area.

However, the best approach is for the parties to understand each other and aim at a win-win solution. Also, reference should always be made to tenancy agreements if any.

We can help landlords and tenants by making them aware of the possibility of waiving their rights under tenancy agreements; the consequences of acting arbitrarily on the part of landlords; as well as temporary solutions they can implement during this crisis.

I associate myself with your good analysis, I however wish to add that the crisis apparently striking the landlord and tenancy relationship due to reduction in income, salary cuts, termination and suspension of contracts of employment as a result of COVID 19 with its unprecedented restrictions on transport and public gatherings. Has left the tenants unable to meet the obligation to pay rent.
The landlords are equally faced with a debt burden on their part with its accumulative monthly interest rates. It is understandable that the loan facilities took out by these landlords were secured by houses/premises and buildings as a source of income for repayment of loans.
Landlords are caught between a rock and a hard place with the options for taking action or not taking action both carrying risks.
I implore the government, Central Bank and Bankers association rather than the recent guideline issued to Banking institutions in its Circular, more needs to be done to either suspend the accumulative interest rates on borrowers for at least 12(twelve) months or requiring the borrowers only to pay back on principal sum lent. This can be achieved through the central bank providing incentives to all banking institutions. Which would in turn ease the tension on landlords, tenants and other borrowers.
I recommend that the landlord and Tenants Bill of 2016 passed by parliament be assented too by the president. Without delving into technicalities of what its significant would be to the already existing Tenancy Contracts. This law safeguards the tenants from the traditional remedy of distress for rent by the landlord against the Tenant. It also expressly bars the landlord from sealing off his/her premises for non- payment of rent without a court order.