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A Fin24 reader whose son is a student at Stellenbosch University and is staying in a private residence near campus wants to know what his options are for applying for a vacation rental.
He writes:
I read that many companies are considering paying reduced rent to owners due to Covid 19.
I have a son studying in Stellenbosch who is staying in a private student accommodation and since the end of March the university has been closed and he has been home. It also appears that the university will not have contact conferences until July. As a private individual without the influence of big business, what are my options for applying for a rent / rent reduction? The lease is annual.
Liad Hadar, Director at Hadar Incorporated Attorneys & Conveyancers answer back:
Dear reader
In fact, it’s true that several commercial and retail tenants seek reduced rental agreements with their owners during the closing period.
Residential tenants face a very different situation, as they generally remain / occupied in the occupation during the closing period.
That said, student housing, particularly at universities, is a smaller category of residential tenancy. Since his son leases a private residential premises (as opposed to a university residential premises, which would lead to a different discussion), I consider that the rent is still due and payable, even though he does not occupy the premises.
The reason this is different from commercial or retail tenants is that your son had the ability to occupy the premises, but he allegedly decided to return home when the universities closed, and therefore decided not to be occupied during the period of closing. This is different from a situation where a tenant in a commercial or retail location could not legally occupy the location.
As for the options available for private individual student rental accommodation, my advice is to contact the landlord and, although you have no legal right, request assistance under the circumstances.
Assistance may be in the form of reduced rents (or total reductions) during the period the universities are closed or a reimbursement agreement for rents due during the closing period and until your child reoccupies the premises. The landlord has no obligation to accept this, but I certainly encourage landlords and tenants to work together and help each other as best they can, now more than ever.
Compiled by Allison Jeftha.
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