OPINION: Botswana rentals – tenants who refuse to pay or move vs powerless agents

September came with an unexpected surprise. After years of searching, we finally found a rental property advertised on Facebook that ticked most of our boxes. The house had three bedrooms (one en suite), it was located within a secure complex with 24/7 security, it had two shaded parking spaces outside and a small garden, and most importantly, the rent was affordable, albeit just over our budget. 

It felt like Christmas had come early. We contacted the letting agent, who informed us the property would be available at the end of September. The current tenant had given her notice two months prior, and we could move into that property in the beginning of October.

Rental prices in Gaborone can only be described as crazy. There’s no rhyme or reason why some properties are valued so highly, and of course, there’s always the risk of the ridiculous 10% annual increment. Suffice to say, it is incredibly difficult to find properties to rent that fit our modest budget. One of the main reasons we want to move is due to the music disturbance from outside the complex where we currently live. Bars and private parties play music so loud (commonly on Fridays and Saturdays, sometimes Thursdays as well) we struggle to hear our television.

Noise pollution aside, we have outgrown our current place. It’s a very small two bedroom townhouse with no garden or any private space. The kitchen is so tiny we have to put our fridge and freezer in the living room. There was no space for a washing machine, so ours lives inside our downstairs shower. After so many years, we want more space, some privacy, a house we can personalise to look and feel like a home. But our budget is too modest for most of Gaborone’s properties. Until now.

You can imagine the excitement we were feeling. We spent the past couple of weeks dreaming about the removal day. Every night, I lay in bed thinking of life in our new home. We started looking at furniture stores for items we’ve never had before – a dining table, garden furniture, a spare bed. We could now invite visiting family to stay with us. Finding this property, for us, was like winning the lottery. This kind of thing has been nothing more than a dream, and somehow the dream had become a reality.

Month end came, which unfortunately was the Independence holiday weekend, so communications with the letting agent were slow and staggered. Basically, we had to wait until Monday before business would resume as normal. We had, of course, given our current landlord our notice and used the long weekend to start packing our belongings. On Monday, I contacted the agent, who told me the tenant hadn’t vacated the house. She had changed her mind, wasn’t moving and refused to leave the property.

Even though her notice period had expired, she had not paid her rent for October. On our part, we had paid our security deposit, but she was staying put. The gravity of the reality hit me so hard I was left empty. Through the conversation with the agent, we suspected the tenant may have needed to move because she had been struggling to cover the rent. We later discovered another tenant in the same complex hasn’t paid his rent since he moved in. I was told how much he owed, so I quickly did the calculation, and it would mean he hadn’t paid rent all year. We surmised the tenant in our property likely decided to stay and not pay her rent. The property manager claims she cannot force people to leave. People illegally occupying properties and violating their tenancy agreements cannot be evicted. What!?!?

Our dream had quickly become a nightmare. We had no time to wait to see if the tenant would change her mind. We were also serving our notice, so we had to request our deposit be refunded, and our dream rapidly slipped through our fingers like sand. Words cannot describe the emotions and the disappointment we feel. This house wasn’t just bricks and mortar; it was a new beginning, a place we could call home.

We started unpacking our belongings, and let me tell you, unpacking your things in the same place you packed them is a strange and unpleasant feeling. A few days later, we were talking to the landscapers at our complex and told them we were no longer moving. We explained why, and they said it’s not unusual. They said it’s commonplace and is actually happening in our complex. Tenants refuse to leave, and landlords are struggling to evict them. They have tried and tried, even engaging sheriffs, the police and lawyers, but the tenants continue to squat.

How on earth is this allowed to happen? 

The property market isn’t adequately regulated, hence people can charge whatever rent they want. Why do we sign tenancy agreements if they are pointless? Something needs to change! Nobody should be allowed to stay in a property when they are not paying their rent.

There needs to be an authority that governs and regulates the property market in Botswana. Rental prices should be justified, and the 10% increment abolished. The authority responsible must also have a system where bad tenants are placed on a list. If you are found to be a bad tenant, someone who doesn’t pay rent, doesn’t treat the property with respect and causes damage, or you are a noise nuisance, your landlord puts you on the list. That way, other landlords can check the list and refuse to rent their properties to problem tenants. Every tenant has to provide their ID card (Omang) or passport, so their true identity is exposed. This identity is added to the list if the owner is proven to be a problem tenant.

Landlords and property management companies should vet tenants thoroughly. Do not ask for references because these can be fabricated. Don’t ask tenants to provide contacts because people can refer you to friends who may give a bogus reference. Simply ask for their employment history and contact the company directly. It might seem like a lot of time and hassle, but it would be worth it and would ensure the people you rent to are honest and decent.

The laws need to change, so landlords can contact the police and relevant agencies and have problem tenants forcibly removed from their properties and face punishment. If you commit murder, are caught stealing, or you are a rapist, you are liable for prosecution. People can’t go to shops and select all the items they like but refuse to pay and be allowed to leave. Even immigration laws facilitate the deportation of illegal immigrants, no matter how much they want to stay.

I’ve lost count of how many times we’ve been let down over the years, especially in business and the lack of professional conduct. Business does not operate like a tuck shop. You could say we are simply unlucky, but the frequency of these experiences is alarming. There are agencies here trying to establish trade deals between Botswana and other countries. You get one deal wrong and that opportunity is unlikely to come around again. Business is not just about money, it’s about the relationship and trust, yet evidence of those vital elements are becoming more and more rare. If this is how some people behave outside of work, then how do they behave in the workplace? Botswana will gain a reputation and one it will struggle to shake off. There has to be accountability and consequences.

Why are bad tenants not liable for prosecution? They signed a contract and knowingly violated the terms of that contract. They are thugs and should be treated like as such. Or is a lawless society the solution – should I find the perfect property, pay the deposit, move in, refuse to pay rent and live there for free? No, because decent people don’t do this. But if laws don’t change, what’s stopping every tenant in Botswana from refusing to pay rent anymore?