Even in the middle of a pandemic, rent is due. The majority of small businesses and private renters have expressed their concern about being unable to make their payments. As we settle into ‘the new normal’, we see how completely unprecedented all of this was at the start of the year. One does begin to address the rising concerns of the masses as they attempt to survive in this declining environment.
Many industries and systems have been overwhelmed by the coronavirus, such as healthcare and the international economy. However, the legal system is further buckling under the pressure of renegotiation of leases, undue evictions and unfair raises in rent. In Pakistan especially, commercial and residential tenants are facing trouble trying to make their payments when they are losing their jobs and facing salary cuts. With reduced work opportunities, poorer families have to make tough financial decisions to keep a roof over their children’s heads. What does this mean for the lower middle class population residing in the country? And has the government taken any steps to right these wrongs?
The federal government has taken actions to offer relief to those affected during these trying times. Helping and protecting renters has been a main concern for provincial governments, who love sending out notifications in response to national matters. In these grave, COVID-19 times, notifications have been given out to keep the speculating public happy and content. More focus has been put on ‘working class friendly’ notifications, with the help of the Punjab government. This was issued back in April and has been withdrawn as of late, but the discussion that stemmed from its release is still ongoing.
The notification forbade illegal evictions, and those done without due process, of tenants by their landlords for non-payments or late payments. It was supposed to remain in effect for two months but was reversed before it could come into full effect. As there is no such legal backing for tenants to rely on, there have been widespread violations that landlords have taken part in during these times.
From eviction fillings to unnecessary raises, these concerns have become notoriously difficult to track. As these matters are looked over in courts, more and more tenants are being forced out of their homes with young children in tow. Adding to this, as more parents are faced with the threat of unemployment, it almost becomes impossible to relocate in such a short period of time.
The Sindh government took its own steps in attempting to provide relief to those affected. An ordinance was released which reinstated that due to pressing financial concerns, educational institutions would not be permitted to charge more than eighty percent of the total monthly fees. Furthermore, it was added that no employees were to be terminated or removed and their salaries would be paid when due.
If an amount was to be deducted, proper reasoning was to be provided. In regards to the tenant situation, it was said, “A landlord shall defer or suspend the recovery of rent of the premises for a payable amount as indicated in schedule-III; provided that the same shall not apply in case where the owner is a widow, differently-abled person and senior citizen. The ordinance suggests up to Rs. 1 million fine on violation of the government orders or guidelines devised to contain the spread of the virus. Similarly, flats [measuring] up to 800 square yards have been exempted from [paying] water bill while a sizeable discount is offered to other consumers as well.”
Even before the coronavirus spread, it was not permitted to throw tenants out for non-payments. But due to a lack of regulatory land laws in lower income areas and the dominance of feudal systems in the Sindh region, this was seldom implemented. Landlord have to seek eviction from the rent controller from a legal perspective, which is simply a court of law created to look into landlord tenant disputes and evictions. Despite this elaboration, imminent backlash was seen with the release of the ordinance.
Legal pundits have given adverse reactions to such notifications, going as far as to declare them as illegal. For example, for a major part of the Punjab notification, it was claimed that landlords would be unable to evict their tenants for two whole months. This was declared to be against legislation as it was previously regulated that only thirty days would be allowed as a grace period to the tenants. While this worked fine before these times, it has become increasingly difficult to be desensitized to the issues of a tenant while we are facing a global catastrophe.
It has also been declared by law abiding bodies that executive notifications and ordinances cannot suspend acts of the legislature, and thus their provisions are against the enacted law. This brings forward other problems associated with restarting the law in regards to changing circumstances and how the legal system is shackled by its set values and statutes. The notifications and ordinances went on their way to chance nothing and tenants faced the harsh reality of evictions the same as before.
When the public caught whiff of this, questions arose as to why these regulations were issued if they did not solve any aspect of the ongoing rent crisis. If these notifications and ordinances were to simply cause confusions, play no role in helping the affected and stem legal and political debates, why were they issued in the first place? Was this simply a façade to ease the public in regard to governmental efforts? And if so, should it not have carried out more smoothly and discreetly?
The pandemic is testing the waters for Pakistan’s authorities and the way they are choosing to respond. As futile actions are being taken and preparedness is faux in the face of hazardous statistics, the disease may as well set a foreboding precedent for the future. With more and more people being thrown out to the streets, it will be a miracle that we come out of this pandemic stronger and better.
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