Do the old COVID-19 Tenancy Protections apply to me?

All COVID-19 emergency measures have ended as of 13 February 2022. This means that terminating tenancy for rent arrears is no longer treated differently whether or not it was caused by the pandemic. Please check our Rent Arrears Factsheet for more information about what to do if you have rent arrears.

However, if termination and eviction proceedings commenced in the NSW Civil and Administrative Tribunal (NCAT) on or before 12 February 2022 then the old COVID-19 Tenancy Protections may still apply to you. The below goes into some detail about these protections. 

If a termination notice for rent arrears was given or the application in the Tribunal was made on or before 12 February 2022, you may be protected if you were also COVID-19 impacted, meaning:

  1. you had at least 25% reduction in weekly household income before or on 11 November 2021 compared to your average weekly household income in the four weeks prior to 26 June 2021, and
  2. you accrued arrears between 14 July 2021 and 11 November 2021 (The Moratorium Period) and
  3. you continued paying at least 25% of your rent throughout the Moratorium Period and
  4. you have informed your landlord that you are an impacted tenant.

 

Example

Thomas went off JobKeeper payments and was stood down by his employer on 18 July 2021. As a result, his weekly household income reduced by more than 25%. During this time, he struggled with his rental payments and fell into rent arrears. Thomas informed his landlord that he is a COVID-19 impacted tenant.

Thomas began receiving JobSeeker payments through Centrelink from 10 September 2021.

On 11 November 2021, Thomas was already $3,000 in arrears. Thomas continued to pay what he could towards his rent, always paying at least 25% of his weekly rent payments.

By 12 February 2022 Thomas’ arrears had reduced to $2,500. Unfortunately he did not know about the Residential Tenancy Support Payment provided by the NSW Government, so he missed out on this payment.

On 12 February 2022, Thomas’ landlord applied to the Tribunal to terminate Thomas’ tenancy for rent arrears.

As Thomas’ landlord applied to the Tribunal  before the end of the “transitional measures” (which ended as of 13 February 2022), and he meets the definition of being COVID-19 impacted, he has protections under the old measures (See COVID 19 Guide: What are the Protections?). 

 

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