What to do in Zimbabwe when a tenant fails, neglects or refuses to pay rent?

A tenant/lessee has an obligation to pay rentals to his or her landlord/lessor for the use and enjoyment of their property. Thus, a lease whether verbal or written is a contract between a landlord/lessor and tenant/lessee in terms of which the landlord/lessor lets or gives to the tenant/lessee an ascertained property at a fixed rent or a fixable rent.

Rent is an essential requirement of any lease agreement. The failure by a tenant to pay, or his/her neglect or refusal to pay a fixed rent is tantamount to a material breach of the lease, in terms of which a landlord/lessor is entitled to cancel the tenancy agreement. Thus, if for some reason a tenant/lessor fails to pay the rent due and owing, a landlord/lessor has the right to cancel the lease agreement between the parties and to repossess the tenanted (rented) premises by ejecting the tenant/lessee.

In Supline Investments (Pvt) Ltd v Forestry Company of Zimbabwe 2007 (2) ZLR 280 (H) 281, it was held that:

A tenant has an undisputed obligation to pay rentals for property that he hires from the landlord. That is the sine quo non for his continued occupation of the leased property. He has no right to occupy the landlord’s property save in return for payment of rent. Where the tenant disputes the amount of the rentals chargeable for any premises, in my view, that challenge does not absolve the tenant from not paying any rentals at all. The minimum that the tenant in such a situation must pay is the amount that is contends represents fair rentals for the premises. This, the tenant must pay to avoid being ejected on the basis of non-payment of rentals even if its challenge to what constitutes fair rentals is subsequently validated. At most, the tenant can pay the disputed amount and claim or be credited with the difference once its contentions as to what constitutes fair rentals are validated.