COVID-19 Legislation Update
We have received advice from ACT Government of the Residential Tenancies (COVID-19 Emergency Response) Declaration 2020 which has come into force Wednesday 22nd April 2020.
By way of update, the Attorney General has made the Residential Tenancies (COVID-19 Emergency Response) Declaration 2020 (the declaration) which is available here.
The declaration provides a number of temporary measures including:
- a moratorium on evictions for three months for COVID-19 impacted households;
- the ability for landlords and tenants to negotiate reduced rent;
- a relaxation on the time period for non-urgent repairs;
- a rental and occupancy fee increase freeze for COVID-19 impacted households;
- restrictions on the way certain inspections should be performed;
- restrictions on COVID-19 impacted tenants and impacted households being added to tenancy databases.
Rent increases already agreed to – can they be implemented?
Non-affected tenants – YES
COVID-19 affected tenants – NO, at the end of the COVID-19 period a new notice will need to be served in the normal manner
Can a notice to remedy be served?
Non-affected tenants – YES
COVID-19 affected tenants – YES, however, Government has asked that we advise tenants of this at the time of negotiation – i.e., for a rental deferral/freeze, advise tenant at the time of the negotiation that they will receive the notice as a legislative requirement.
Does the “normal” RTA still apply to all non-affected tenants?
YES
Can break lease fees be applied to COVID-19 affected tenants should they break their lease during the period?
YES, however, Government has asked that this be considered on a case by case basis i.e., weighing up loss of fees as to an expedited vacancy
What if an agreement cannot be reached between tenant and landlord?
The rent will become arrears and normal procedures will apply (other than eviction) and tenant will be liable for the debt
**Our interpretation is not to be relied upon as fact or legal advice, and the above should only be considered an opinion formed by way of consideration of the available information. This is new territory we all are navigating both. At all times we recommend that all landlords and tenants do their own research; and communicate clearly in these trying times.
