60 day stop on COVID-19 evictions ends, restrictions on evictions continue

From 14 June the initial 60 day stop on evictions for rent arrears where the household is in financial hardship due to COVID-19 ended.

During the 60 day stop landlords were prohibited from issuing termination notices for rent arrears or applying to the NSW Civil and Administrative Tribunal (NCAT) for eviction orders for rental arrears for impacted tenants.

However there are still restrictions on the eviction of impacted tenants for rent arrears.

After 14 June, the landlord may only give a termination notice or apply to the Tribunal if the landlord has participated in the NSW Fair Trading formal rent negotiations process in good faith and only if it is fair and reasonable in the circumstances of the case. Only the Tribunal can determine if the eviction order should be made.

These and other COVID-19 related restrictions continue for a further 4 months (until 15 October) on rent arrears evictions for those financially disadvantaged by COVID-19.

Remember, the NSW Fair Trading formal rent negotiation process requires the landlord/agent to act in good faith, and this means dealing honestly and fairly with an impacted tenant. The NSW Fair Trading has published guidelines on what good faith negotiation means and can be found here, and importantly this includes:

• genuinely considering all offers on the table, including waiver (a variation of the rental payment) and is not limited to deferring rent payments (paying the accrued arrears later), or a reduced or waiver of the break fee
• and, if the landlord/agent refuses or fails to participate in the formal rent negotiation process, an impacted tenant can also apply to the Tribunal for early termination with a reduced or no break fee. Contact your local TAAS for further advice.

We also explain what rent negotiations look like in our Renters' Guide to Covid-19. Check it out!

For the latest info see our Renters' Guide to COVID-19.