Rent default and eviction in Zimbabwe and the available legal remedies for landlords

TARIRO MAGAYA AND FUNGAI CHIMWAMUROMBE

In Zimbabwe, rent default by tenants remains one of the most common sources of landlord-tenant disputes.

While landlords are entitled to recover rent and regain possession of their property when tenants fail to honour their obligations, they must do so strictly in accordance with the law.

Zimbabwean legal principles—derived from statutory instruments such as the Rent Regulations, 2007, the Magistrates Court Act [Chapter 7:10], and the High Court Act [Chapter 7:06]. and common law—provide specific remedies and procedures to address these situations.

Any deviation, particularly through self-help actions, is not only unlawful but may result in serious legal consequences for landlords.Non-payment of rent constitutes a material breach of the lease agreement and entitles the landlord to terminate the lease and initiate eviction proceedings.

The process typically begins with a written demand for payment, giving the tenant a reasonable period (usually 7–14 days) to cure the breach. If the arrears persist, the landlord may approach the Magistrates’ Court or High Court for an eviction order.

Critically, landlords are not permitted to take the law into their own hands—such as by locking out the tenant, removing their belongings, or cutting off utilities. These self-help actions are unlawful and may expose the landlord to legal liability.In addition to eviction, Zimbabwean law provides for the tacit hypothec, a common law remedy allowing landlords to secure rental arrears against the tenant’s movable property found on the leased premises.

While the right arises automatically when rent becomes overdue, enforcement requires the landlord to apply for a court order to perfect the hypothec.

Once granted, the Messenger of Court or Sheriff may attach and, if necessary, sell the property to satisfy the arrears.A further challenge arises when a tenant unreasonably denies the landlord access to the premises for lawful purposes such as inspection, maintenance, or showing the property to prospective tenants. Although tenants are entitled to quiet possession, they are also required to allow reasonable access where justified. Persistent denial of access may amount to a breach of the lease, justifying lease termination or a court application for an interdict or spoliation order—particularly where the tenant is obstructing enforcement of a tacit hypothec.

Landlords may also seek urgent court intervention where there is evidence that the tenant is concealing or removing goods to avoid attachment, or where access is being obstructed in bad faith.

Such measures ensure that landlords are able to lawfully preserve their rights without resorting to unlawful conduct.

In conclusion, Zimbabwean law provides landlords with effective remedies in cases of rent default or breach, including eviction and the tacit hypothec. However, all actions must be taken within the bounds of the law. Landlords are strongly advised to avoid self-help measures and to seek legal counsel before initiating any enforcement action.