ZIMBABWE National Water Authority (Zinwa) faces eviction from eight of its offices after it allegedly failed to settle a $52 000 rental bill.
Zinwa has been served with a civil suit from Zimbabwe Post Properties (Zimpost) seeking confirmation of the cancellation of the lease agreements between the two parties and an order directing Zinwa to vacate the offices, which were erstwhile post offices.
Zimpost also wants payment of collective rental arrears of $52 285, 76 and holding over damages with effect from April 1 to the date Zinwa vacates the premises in the event the order is granted.
According to the summons, Zinwa currently occupies Banket, Chivhu, Glendale, Gokwe, Lupane, Mvuma, Tsholotsho, Zhombe post offices.
At various intervals, Zinwa and Zimpost entered into lease agreements and agreed on monthly rentals ranging from $100 to $350, respectively.
In the event of failure to pay the rentals, Zinwa would be entitled to a seven days’ written notice by Zimpost to remedy the breach.
Failure to do so, Zimpost would cancel the agreement, evict Zinwa and claim outstanding rental arrears and holding over damages including collection commission and costs of suit.
Zinwa is said to have vacated Cubicle 1, Danga Post Office on July 1, 2017.
On April 22, 2016 various properties including the ones in question were transferred to Zimpost in terms of Section 108 of the Postal and Telecommunications Act and exercised possession and ownership rights.
The lease agreements between Zimpost and Zinwa remained in full legal force making the relationship of the two entities a statutory tenancy.
While the effective date of transfer of properties was January 1, 2015, Zimpost assumed total control of the properties on October 1, 2015 the date by which Zinwa was in $7 591, 65 rental arrears.
Zimpost has since offered to deduct $7 591, 65 from its claim so that Zinwa could set off that amount against any claims it might have against the plaintiff.
In exercising the right to claim rental arrears, Zimpost has made various demands to remedy breach but Zinwa is claimed to have neglected, refused or failed to honour its obligations making its occupation of the said premises unlawful.