From rent hikes to illegal evictions: The daily hustle of the Zambian tenant

FROM RENT HIKES TO ILLEGAL EVICTIONS: THE DAILY HUSTLE OF THE ZAMBIAN TENANT

The rental housing market in Zambia poses significant challenges for many individuals, including students in boarding houses and ordinary tenants. The absence of robust regulatory frameworks can lead to inconsistent living standards as evidenced by Zambia’s urban rental landscape where rentals dominate around 80% of the real estate market.

This represents a significant loss of dignity, financial stability, and potential for Zambia’s development, as vulnerable populations are forced to navigate unprotected and often hazardous living situations because of the supply-demand gap.

Factors Contributing to Zambia’s Housing Challenges

According to Zambia Law Development Commission (ZLDC) , the lack of awareness among both tenants and landlords about their rights and responsibilities is a significant cause of the housing challenges. This knowledge gap leads to misunderstandings, disputes, and exploitation, ultimately perpetuating the cycle of poor housing conditions.

Rapid urbanisation strains existing infrastructure and housing supply, driving up costs and pushing low-income households into informal settlements with limited access to basic services like water, sanitation, and electricity.

Outdated laws can hinder effective regulation, dispute resolution, and enforcement of housing standards. This mismatch between rental laws and urbanisation trends creates uncertainty, leaving both tenants and landlords vulnerable and potentially hindering efforts to address Zambia’s housing challenges.

Lengthy court cases pose significant challenges to resolving housing disputes which leads to delayed resolutions and increased costs. This impacts the vulnerable populations and contribute to housing instability.

Consequences of Inaction

The unregulated boarding house sector is a ticking time bomb, posing health and safety risks to students and low-income families. Investigations reveal students are forced to live in hazardous conditions, overcrowded rooms, poor sanitation, and substandard facilities.

Despite the Rent Act’s provisions, some landlords disregard regulations, highlighting the need for effective enforcement mechanisms. The persistence of court cases, such as Sam Kapembwa V NAPSA (2023) underscore the complexities of resolving housing disputes and the importance of upholding the law.

Profit-driven landlords often prioritize financial gains over resident welfare, contributing to unhealthy living conditions. This exploitation is a clear disregard for tenants’ rights and dignity. The lack of effective regulation enables landlords to dictate terms, leaving tenants vulnerable to arbitrary rent hikes, exorbitant deposits, and substandard living conditions.

Without access to affordable dispute resolution mechanisms, tenants are forced into silent suffering, trapped in a cycle of fear and neglect that way causing an imbalance to Zambia’s rental market, and neglecting the fact that that housing is a fundamental right, not a privilege.

In addition to students in boarding houses, there lack of responsibility leads to dirty kitchens, creating breeding grounds for diseases like cholera. Electrical safety is also compromised, with overloaded sockets and exposed wires posing electrocution and fire hazards.

The tragic death of University of Zambia (UNZA) third-year student Margaret Chibesakunda, who was electrocuted in her boarding house room, has sent shockwaves across the nation. This devastating incident is a stark reminder of the hazardous conditions many students face in Zambia’s boarding houses.

The consequences are dire. Students and low-income families are forced to live in environments that compromise their health, safety, and dignity.

How to Secure Zambia’s Housing System

Moving forward, Zambia could benefit from initiatives that promote awareness and understanding of housing rights and responsibilities. Educating communities about the Rent Act’s provisions and strengthening enforcement mechanisms may help address current gaps in housing regulation.

Zambia must establish a specialized Rent Tribunal. Establishing a specialized tribunal for rent disputes could offer a more efficient and fair resolution process. Botswana’s Rent Control Tribunal is an example of a specialized forum that handles rent disputes, potentially reducing the burden on general courts. This provides a more streamlined approach to addressing housing disputes.

Reforming Zambia’s rental laws is crucial for promoting fair and secure housing. Clear, balanced regulations can protect tenants’ rights while also addressing landlords’ concerns, ultimately contributing to more stable and equitable housing markets.

In terms of progress made, the Zambia Law Development Commission is reviewing rental laws, seeking public input to create a balanced framework.

By Shimatanga Precious, a Research Fellow at the Impact Center for Policy Research.