REALWorld Law

Commercial leases

Use by the tenant

Can restrictions be imposed by the landlord on how a tenant uses the real estate and are there any regulations and/or laws which impose further restrictions?

Zimbabwe

Zimbabwe

The lease agreement entered into between the parties will regulate how the lessee is permitted to use the premises and under what conditions. The parties generally have freedom to contract in this regard and the common law requirements for conclusion of a contract would then be applicable. As such, according to contract law, parties are prohibited from entering into a contract for an illegal or unlawful purpose. As such, the use of the property cannot be for an illegal or unlawful purpose.

The Urban Councils Act [Chapter 29:15], which regulates the establishment and administration of municipalities and towns in the urban areas, imposes a duty on the council to do all things necessary to ensure that the conditions of the establishment of any township within the council area and the conditions of title to any land in the council area are properly observed. The council has the power, upon the service of a notice, to:

  • Without compensation, cause any building wilfully erected in contravention of any such condition to be demolished and recover from any person responsible for the contravention the expenses incurred by the council in connection with such demolition
  • Prohibit the use of any building or land which contravenes any such condition
  • Execute any work which under any such condition it is the duty of any person to execute and recover from that person the expenses incurred by the council in executing such work

In the notice that the council serves, restriction may be imposed on the use of the property.