Can a landlord insist on full rent during the Hard Lockdown Period ? An indicative “half-answer” from the Gauteng High Court
On 25 August 2021, the High Court of South Africa, Gauteng Division, Johannesburg (“High Court“) retraced the development of the legal principle of supervening impossibility of performance from cases decided during the contractual uncertainties of the wars of the early 20th century (between 1903 and 1919). This time, the High Court was faced with the Covid-19 pandemic related conundrum. It decided that a clause in the lease agreement providing that the tenant shall not be entitled to rent deferral or remission as a result of any cause whatsoever may require a restrictive interpretation resulting in the tenant being entitled to rent remission during the hard lockdown.