If you are one of the many employees retrenched or put on short pay or unpaid leave as a result of the COVID-19 crisis and lockdown, you will be wondering how to cover the monthly instalments on your mortgage bond and other credit agreements. You have no doubt heard of the "payment holidays" banks are offering, but remember that although these are a lot better than losing your house, car etc, they are no free lunch. Interest and fees will still be building up.

Credit life insurance is not just death cover

That's why you need to check right now whether or not any of your credit agreements are covered by "credit life insurance". Many people don't even realise they have this cover in place, and those that do may look at the "life" part of the name and think "well that's no good to me or my family, I'm unemployed not dead". The good news there is that most policies cover a host of other events leaving you unable to pay instalments - see below for more.

There is great concern that the COVID-19 crisis, particularly the mandatory "stay at home" lockdown phase, will see both an increase in the levels of domestic violence, and a decrease in the ability of victims to access help. It's a worldwide concern and as the World Health Organisation puts it: "Stress, the disruption of social and protective networks, loss of income and decreased access to services all can exacerbate the risk of violence for women."

South Africa's Domestic Violence Act ("domestic violence" isn't limited to cases of physical harm - it includes a very wide range of abusive conduct) provides legal protection to victims, especially to those most vulnerable such as women, children, disabled people and the elderly. If you are a victim (or helping a victim) you should be aware of a victim's rights to lay criminal charges and/or to apply for a protection order.

"Better safe than sorry" (wise old proverb)

The COVID-19 pandemic and its ongoing economic fallout have left many businesses struggling with cash flow and even viability challenges.

The result is that an increasing number of companies are either trading in insolvent circumstances, or in grave danger of doing so.

Reckless trading and your risk of personal liability

To quote from the Companies Act (section 22(1)): "A company must not carry on its business recklessly, with gross negligence, with intent to defraud any person or for any fraudulent purpose."

And per section 77(3) any director "is liable for any loss, damages or costs sustained by the company as a direct or indirect consequence of the director having ... acquiesced in the carrying on of the company's business despite knowing that it was being conducted in a manner prohibited by section 22(1)".

The COVID-19 crisis has changed everything. Our personal lives have been upended and our businesses hit hard. 

And with many businesses operating out of leased premises, a great many landlords and tenants are asking themselves what happens if the crisis leaves a tenant unable to pay the agreed rental. 

What follows is of necessity a general guide only - professional advice specific to your case is essential here.

Tenants - your risk

As always "With Great Change comes Great Opportunity", but if you aren't able to very quickly find and exploit a viable new opportunity you may well struggle to pay your rental. 

Don't just stop paying rental! Failing to pay rental on time means breaching your lease, and if you do that you face cancellation, legal action for recovery of outstanding rental, damages claims for breach (substantial if your lease has a long time to run and your landlord struggles to re-let) and calling up of your personal suretyships (exposing you to loss of all your personal assets, house etc). 

Bottom line - take professional advice before you just stop paying!