Publications - COVID-19
Transition Arrangements for Residential Tenancies
11 March 2021
In April 2020, the New South Wales Government introduced temporary measures to provide support to residential tenants who may be financially impacted by COVID-19. Those measures included a moratorium on forced evictions, new requirements for negotiations between the parties before seeking to end a tenancy and increasing the minimum notice period from 30 days to 90 days. Our previous update on these measures is available here.
The existing temporary measures for residential tenancies are due to end on 26 March 2021.
In advance of that looming deadline, on 4 March 2021 Kevin Anderson, Minister for Better Regulation and Innovation, announced that he would be introducing further legislation in the next two weeks to “ensure residential tenants with COVID-induced rental arrears are protected from being evicted on March 27”. That bill is expected include amendments to:
These amendments will replace the current temporary measures, with the existing legislation still set to be repealed as and from 27 March 2021. The new transitional arrangements are expected to be in place for the next six months.
At this stage, no changes have been announced to the temporary measures for retail and other commercial tenancies. Those arrangements are set to end on 28 March 2021. Our most recent update on the temporary measures for retail and other commercial tenancies can be found here.
Where can I find more information?
The Minister’s media release about the transition is available here.
Tim McKibbin, the CEO of the Real Estate Institute of NSW (REINSW), has also issued a media release in response to the government announcement, which is available here. It is anticipated that REINSW will issue a further statement about how it expects the changes will affect agents, landlords and tenants in the coming days, once it has discussed the changes with NSW Fair Trading.
If you would like help with understanding your rights and obligations as an agent, landlord or tenant, or if you require assistance with any other legal matters, please contact us.
In April 2020, the New South Wales Government introduced temporary measures to provide support to residential tenants who may be financially impacted by COVID-19. Those measures included a moratorium on forced evictions, new requirements for negotiations between the parties before seeking to end a tenancy and increasing the minimum notice period from 30 days to 90 days. Our previous update on these measures is available here.
The existing temporary measures for residential tenancies are due to end on 26 March 2021.
In advance of that looming deadline, on 4 March 2021 Kevin Anderson, Minister for Better Regulation and Innovation, announced that he would be introducing further legislation in the next two weeks to “ensure residential tenants with COVID-induced rental arrears are protected from being evicted on March 27”. That bill is expected include amendments to:
- prevent tenants from being automatically evicted on or after 27 March 2021 due to COVID-19 induced rental arrears;
- require landlords and tenants to enter into a rental repayment plan, with the aim of enabling landlords to recoup any amounts in arrears but still keep existing tenants in the property; and
- continue to prevent tenants in rental arrears because of COVID-19 from being blacklisted on tenancy databases.
These amendments will replace the current temporary measures, with the existing legislation still set to be repealed as and from 27 March 2021. The new transitional arrangements are expected to be in place for the next six months.
At this stage, no changes have been announced to the temporary measures for retail and other commercial tenancies. Those arrangements are set to end on 28 March 2021. Our most recent update on the temporary measures for retail and other commercial tenancies can be found here.
Where can I find more information?
The Minister’s media release about the transition is available here.
Tim McKibbin, the CEO of the Real Estate Institute of NSW (REINSW), has also issued a media release in response to the government announcement, which is available here. It is anticipated that REINSW will issue a further statement about how it expects the changes will affect agents, landlords and tenants in the coming days, once it has discussed the changes with NSW Fair Trading.
If you would like help with understanding your rights and obligations as an agent, landlord or tenant, or if you require assistance with any other legal matters, please contact us.
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Sarah Toomey Westcott
Senior Associate Bradfield & Scott Lawyers Telephone: 9233 7299 Email: swestcott@bradscott.com.au |
