On 13 July 2021, the NSW Government announced a 60-day eviction ban for tenants who can demonstrate their renting household has lost 25% of their income due to COVID-19 ('the July 2021 Moratorium'). The Government also announced that it will provide financial incentive to landlords who provide a rent reduction to tenants during this time.
The eviction ban has now been extended until 11th November 2021. After this date there will be transitional measures in place until 12th February 2022.
Protections for COVID 'impacted tenants' - from 14 July 2021
Your rent payments are a fundamental part of your tenancy. Not paying your rent is a breach of your agreement and can lead to a substantial debt and even losing your home if you don't take steps to manage it. Normally, if rent, water usage charges and/or utility charges under a tenancy agreement remain unpaid for 14 days or more, landlords can issue a non-payment termination notice to tenants.
However, under the July 2021 Moratorium, 'impacted tenants' are protected from eviction in certain circumstances. Tenants will not be evicted if:
(a) you are a COVID-19 ‘impacted tenant’, that is, your household has experienced an income reduction of at least 25% due to COVID-19
(b) you give your landlord notice that you are a COVID-19 ‘impacted tenant, and
(c) you continue to pay your landlord at least 25% of the rent payable under the residential tenancy
To be eligible for the provisions in the July 2021 Moratorium - the period to compare the current weekly household income to show a reduction of at least 25% is the 4 weeks from 29 May 2021.
If your household income was
$1000 in the week 29/5/21 to 5/6/21 (Week 1);
$800 in the week 6/6/21 to 12/6/21 (Week 2);
$600 in the week 13/6/21 to 19/6/21 (Week 3);
$800 in the week 20/6/21 to 26/6/21 (Week 4)
Then your average weekly household income over the relevant 4 weeks is $800/week. You are considered an impacted tenant if your weekly household income is now less than $600/week.
What should I do if I can’t pay my full rent?
If you find that you cannot manage to pay your full rent, you will need to contact the landlord or the agent and let them know that you need to negotiate a rent reduction. You need to be formal and make sure your initial contact, as well as negotiations are in writing so you will have a record of what has happened. We note that to access the protection against eviction under the July 2021 Moratorium, you must continue to pay your landlord at least 25% of the rent payable under the residential tenancy. You can use our Request a Rent Reduction Template letter.
When you reach an agreement for a rent reduction with your landlord/agent, it must also be in writing. You can use this template Rent Variation Agreement (NSW Fair Trading) to ensure your agreement for a rent reduction is in writing.
When asking your landlord for a rent reduction, you can let them know that if they provide you with a rent reduction during this period, they are eligible for financial incentives from the NSW Government. For more information on these financial incentives, please see 'financial incentives for landlords' in the Rent Negotiations section of this Guide and the NSW Fair Trading website.
To help you work out what you can afford or help you consider an offer made by the landlord and what payments options could work for you, you can seek assistance in putting together a budget by speaking with a financial counsellor. See the Financial Rights Legal Centre website or National Debt Hotline for free resources, or to find a free service near you. You might also find the budgeting resources available on the moneysmart.gov.au website useful.
Please see the Financial Support section of this Guide for a summary of the COVID-19 Government payments and other financial resources available for tenants.
If you are having trouble negotiating a rent reduction with your landlord you can request the assistance of NSW Fair Trading dispute resolution service. You will need to complete an Application for Rent Negotiation form. This form should be submitted through the usual NSW Fair Trading complaints process.
For advice and assistance with negotiating a rent reduction with your landlord, you can also contact your local Tenants’ Advice and Advocacy Service.
Rent reduction: Waiver v Deferral
When considering what an affordable rent reduction would be, it is important to remember the difference between a rent reduction in the form of a 'waiver', and a rent reduction in the form of a 'deferral':
A rent waiver generally refers to the landlord agreeing to not collect rent or only partial rent for a period. The tenant is not required to pay this amount back.
Rent deferral is a situation where the rent for a period is still payable, but the actual payment is delayed for a period. The tenant has a debt, with an agreed repayment plan that starts in the future. A deferral can be for the entire rent but it is more likely to be for part of the rent. It is important to consider your ability to make future repayments when considering this option.
A rent reduction agreement can be for a combination of part waiver and part deferral. If you are discussing this option with the landlord or agent ensure you are clear about what portion of the reduction will be waiver, and what portion is deferred.
Did you accrue rental arrears before 26/3/2021?
If so, and your household income reduced by at least 25% per week because of COVID-19 in the period 15 April 2020 to 26 March 2021 then there were conditional transitional measures in place up until 26 September 2021 and beyond that for the prohibition on database listing.
As an 'impacted tenant' with COVID-induced arrears in the prescribed period your landlord was prohibited from giving you a 90 days no grounds termination notice (s85), or a termination notice for rental arrears, or taking you to the Tribunal for termination because of non-payment of rent unless there was an agreement to a repayment plan or there had been good faith repayment negotiations facilitated by Fair Trading.
Beyond 26 September 2021 your landlord is still restricted from listing you on tenant database because of COVID-induced arrears.
If Tribunal proceedings were commenced by your landlord or if you received a relevant termination notice between 27 March 2021 and 26 September 2021 then these transitional rules still apply.