Briefing: Further supports required for renters during COVID-19 health crisis

This briefing provides an overview of the basic framework of the NSW Evictions Moratorium implemented through the Residential Tenancies Amendment (COVID-19) Regulation 2020. We welcome the measures introduced via the NSW Evictions Moratorium that seek to support renters impacted by the COVID-19 health crisis and provide greater certainty about their living situation and ability to stay home during the COVID-19 period.

However, we are aware many vulnerable renters are falling through the gaps. We are concerned many are still losing their homes and many others are struggling which is putting their tenancies at risk.  We have identified the following key issues:

• Continued evictions including retaliatory evictions, evictions in social housing, and evictions of lodgers and renters in share housing
• Many impacted tenants are being forced to break their lease because of failed rent reduction negotiations and their anxiety about accumulating unmanageable debt
• Impacted tenants are facing significant penalties when forced to break their lease
• Lack of clear guidelines with regards to the framework for ‘good faith’ rent reduction negotiations is creating considerable confusion for tenants, landlords and their agents
• The need for an explicit baseline standard when considering hardship and determining ‘fair and reasonable’ offers of rent reduction to help set expectations for both parties regarding outcomes
• The inability of the Tribunal to apply ‘fair and reasonable’ rent reductions for impacted tenants
• The need for further rent relief measures
• Some landlords are continuing to increase rents in the private rental market during the crisis

Many people will lose their homes, be forced further into financial hardship, or possibly face homelessness during or as a result of this crisis unless a number of these measures are strengthened, further protections implemented and additional relief provided.

In preparing this briefing, we draw on the experiences of the thousands of renters who have sought assistance from the network of Tenants’ Advice and Advocacy Services since the COVID-19 health crisis began. We also draw on the experiences shared with us by renters via our social media pages and website, as well as those reported by service providers We have experienced significant demand for information and resources regarding COVID-19 impacts on renting.

Our COVID-19 and Renting Information page received half-a-million hits in just over two weeks at the start of the crisis and has now been visited in 1.2million sessions. Website sessions seeking information on tenants leaving their tenancy early increased 602%, and rent arrears factsheet increased 493% in the period 23rd March to 4 May compared to equivalent period last year. Visits that sought contact details for local TAAS services increased 900% and average 10,000 each week over the period.