LEGISLATION

Residential Tenancies - COVID-19 Emergency Response

The gist of the legislation

Owners and tenants need to negotiate to defer rent payments or a agree on a rent reduction due to COVID hardship.

The important parts, at a glance

We’ve picked out the key parts of the legislation and made them as easy as possible to read and understand.

If you'd like to read the full legislation, click here >

1.

From September 2, 2021 temporary legislation was introduced to protect households that are impacted by COVID-19.

2.

If a tenant provides evidence that they have been impacted through employer letters, payslips and / or a stat dec, your property manager should facilitate rent deferment or reduction negotiations.

3.

Depending on the arrangement, if a tenant gets reduced or deferred rent during the 12 week period they will have 12 weeks to repay the debt.

4.

A tenant cannot be evicted for not paying their rent until after 12 weeks of non-payment. So it’s in the best interest for both you and the tenant to reach an agreement on a rent deferment or reduction.

5.

Impacted tenants can end a fixed term tenancy early, without penalty, by giving 3 weeks’ notice to vacate.

6.

Rent increases cannot occur for impacted tenants during this time.

  1. Make sure the reduced or deferred rent agreement has a start and finish date, or a maximum amount of reduced rent and a date to review the agreement.  We suggest to review every 4 weeks.
  2. If you are having problems covering your mortgage payments, chat to your bank and see what support they can give you. They may be able to defer your payments or give you longer payment time frames. You can also contact the Revenue office and request support on rates and land tax payments.
  3. If we believe the tenants hardship is not legitimate, we can take the case to ACAT and if successful recoup the loss.