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LANDLORD & TENANT
Subletting of property in Zimbabwe
Gubbay CJ in Pedzisa v Chikonyora 1992 (2) ZLR 445 (S) 453B – D held that:
It is trite law that where a contract of lease contains prohibitions against subletting, cession or assignment, either absolutely or without the lessor’s consent, a sub-lease, cession or assignment, entered into by the lessee, without title to do so, is valueless and confers no rights on the third party; for he can acquire no greater rights in the property than the lessee has. Thus, if the third party enters into occupation of the leased property, the lessor is entitled to an ejectment order against him…. A further obvious consequence of the prohibition is that the court will refuse to enforce the sub-lease, cession or assignment, at the instance of the lessee. To do otherwise would be to confer a right upon the lessee not given him by the lessor.
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