What the revised moving directions mean to you

The revised movement directions added to the national Disaster Management Regulations on 14 May mean that if you take transfer of a new home or conclude any new rental agreement even under the lockdown restrictions, you may now move from your existing premises to your new premises.

They also mean that you can move to a new place of residence for other reasons if you have the necessary supporting documents and are able to obtain the necessary permit.

However, many people are still uncertain about how these concessions might apply to their own situation, or just what they need to do to ensure that any move they make is legal. So RealNet has put together some answers from its legal and rental experts, as follows:

Who can move?

The directive now applies to any home buyer who has taken transfer of their new home since the Level 5 lockdown began on 26 March as well as those who took transfer before that but were unable to move, and the members of their immediate households.

   It also applies to any tenant, residential or commercial, who signs a new lease, as well as those who wish to move into shared accommodation with their friends or family and those who need to move to escape domestic violence. 

How far can I move?

The directions cover any move to a new home or new business premises across provincial, district or municipal boundaries, within the borders of South Africa, provided you have the required permit for each move. In other words, each permit is only valid for one move, and you will need to obtain another if you wish to move again. 

What paperwork will I need?

You will need to print out the form that was gazetted with the new directions and get it signed by the station commander of your nearest police station, or the person the commander has officially delegated to sign such permits. The people who comprise your household must be listed on this form if it is a residential move.

 To get this permit signed you will need supporting documents such as:

• A copy of the lease for your new address OR
• A copy of the registration of transfer or a letter from your conveyancer showing that your new home has been registered in your name OR
• A copy of a domestic violence order OR
• An affidavit stating that you are moving to shared premises with family or a friend.

Can I hire a moving company?

Yes you can, as long as it complies with Regulation 22(1)(f) that covers the transport of goods in terms of the Disaster Management Act.

Do I need to sanitize my rental property?

There is no specific obligation in terms of the Covid-19 regulations for landlords to deep-clean a property before a new tenant moves in. However, we believe landlords should do this for their own peace of mind - or at least allow their new tenants to have it done before they take occupation. It is also worth noting that this type of cleaning may only be done by professional companies with the necessary essential services permits.

Can I get my new home cleaned before I move in?

If you are moving to a new home that you bought before lockdown, you have every right to get it deep-cleaned and sanitized before you move in. There are many cleaning companies that undertake such work and are registered as essential services, or you can contact your estate agent for a recommendation.

What must I do about and incoming / outgoing inspection on a rental property?

Incoming inspections are compulsory in terms of the Rental Housing Act to make a lease valid, and outgoing inspections should always be conducted to avoid possible disputes about damages and deposit refunds. They need to be conducted by both the tenant and either the owner or the rental agent, with everyone who is on site for an inspection observing all the necessary health precautions such as wearing a mask, using hand sanitizer and maintaining social distancing. Rental agents who wish to conduct inspections and key handovers under Level 4 of the lockdown must obtain the specific permits to do so.

Does this mean I can now evict a tenant who has not being paying rent?

You can now proceed with the eviction process. So if you have already issued a non-paying tenant with the required letters of demand and notice of cancellation of their lease, you can now send them written advice that they can and must now move or you will be applying for an eviction order.

If my tenant moves out now, can a new tenant move in?

Yes, you can now allow a new tenant to move in if you or your rental agent conclude a new lease. However, it is very important to note that prospective tenants still cannot visit properties to physically view them before deciding to rent/ conclude a lease. They can only view by means of photographs or video tours. Lease agreements may have to be temporarily altered or reworded to allow for tenants not to get "stuck" in a place that is materially unsuitable, so it is important to rent through reputable rental agents.   

If a home was transferred before lockdown but the sellers were unable to move out in time, do they have to move now and allow the buyers to move in?      

This will depend on what the parties agree, but whatever they decide should be reduced to writing and signed by both sellers and buyers, with the help of their estate agent. The sellers might not have had the opportunity during lockdown to find a new home, for example, and be willing to continue to pay occupational rental to stay on. However, if this is not acceptable to the buyer, the new directions do now allow them to rent somewhere else to stay while they seek a new home. On the other hand, buyers may themselves be under pressure to move out of their existing homes and will need make their own arrangements with regard to moving or paying occupational rent.

Can a body corporate or a home-owners' association stop the movement of tenants or buyers into their complex during the concession period?

No, because this is a matter between the owner of the property and the new tenant or the buyer. As long as there is a valid lease or a registered transfer of ownership, the tenant or buyer is entitled to move into their new home. However, as in all moves at this time, they and their removal company should take all the necessary health and safety precautions, especially when traversing common property or using the lifts, for example.

For any further queries regarding the current directives for moving, landlords, tenants and home-buyers should contact a reputable estate agent.