Your COVID-19 Rent Relief Guide

Flatmates Team

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The recently announced eviction moratorium was a step in the right direction for Australian renters. Now, some states are providing rent relief packages to those who need it, while others have clarified how the eviction moratorium will work.

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Regardless of your location, before you can get any rebate or benefit, you’ll need to prove that you’ve negotiated (or attempted to negotiate) reduced rent with your landlord.

That means negotiation is your first stop on the rent relief train. Happily, some states have incentivised rent reduction for landlords — for example, they may get tax breaks if they agree to reduce your rent.

If you can’t agree on a rent reduction, the fact that you’ve attempted to negotiate will be taken into account by governments in states offering rent relief. So, make sure you negotiate in writing, and if you do agree on reduced rent or different payment terms, have all parties sign an updated rental agreement.

Skip through to your state for what we know so far.

New South Wales

The NSW government isn’t offering rent rebates or grants, but it has put a 60-day stop on vacate notices that relate to tenants who can’t pay rent due to the impacts of COVID-19.

To be considered “impacted by COVID-19”, you’ll need to have lost at least 25% of your income through lost employment, or because your responsibilities as a carer increased due to the pandemic.

If you meet those criteria, you’ll need to provide evidence of your loss of income, your prior income, and any government income support, in order to avoid eviction. On the plus side, if you are eligible, you won’t be added to rental blacklists for breaching your existing rental agreement.

During this 60-day stop period, you’re encouraged to renegotiate the lease with your landlord so that it works for everyone. But, importantly, if you can’t reach an agreement, despite negotiation “in good faith”, and “seeking a termination is fair and reasonable in the circumstances of the specific case”, your landlord can still progress with the eviction.

Basically, the government is trying to encourage negotiation between tenants and landlords for now. Get more information here.

Victoria

Victorian renters facing rental hardship can access the Covid-19 Rent Relief Grant. This payment of up to $2000 is for tenants experiencing rental hardship, and it’s paid directly to the agent.

You can also get the grant if you’re sharing: so long as you’re on the lease, you can apply for the grant on your part of the rent.

To be eligible, you need to:
- Negotiate a change in the rental arrangement (e.g. rent reduction or deferral of payments) with your landlord (or have evidence that you’ve worked through mediation in an effort to reach an agreement)
- Register your revised rental agreement with Consumer Affairs Victoria
- Have less than $5,000 in savings
- Be paying at least 30% of your income in rent (on the newly negotiated lease, not the original one)
- Have a household income of less than $1,903 per week.

To apply, email ImplementationSupport@dhhs.vic.gov.au. Or, find out more here.

If you’re not eligible, a range of other rent assistance is available.

Queensland

Queenslanders have until Monday, 27 April to apply for the COVID-19 Rental Grant.

This one-off payment of up to four weeks rent (to a maximum of $2000) is targeted at renters affected by the COVID-19 pandemic who don’t have access to other financial assistance and haven’t been able to negotiate a payment agreement with their landlord.

You’ll also need to meet these criteria:
- You have (or are soon to have) a bond registered with the Residential Tenancies Authority.
- You’re an Australian citizen, permanent resident, or you have a temporary or permanent protection visa or a bridging visa.
- You don’t have more than $10,000 in cash and savings.
- You have evidence of attempts to negotiate a payment plan with your landlord.
- You’ve lost your job and have applied to Centrelink for income support.
- You’re waiting for your application with Centrelink to be approved.

Again, this grant is paid directly to the landlord. Find out more here, and apply for it here.

South Australia

Between now and the end of the pandemic, or October 8 (whichever comes first), you can’t be evicted in SA for not paying rent if you’re suffering financial hardship because of COVID-19. Nor can your landlord increase your rent during that time — even if the increase is specified in your rental agreement.

If you need to change your rent arrangements because of COVID-19, work with your landlord to reach an agreement.

If that fails, your landlord (or you!) might take the matter to the South Australian Civil and Administrative Tribunal (SACAT). Even then, SACAT can’t order the termination of your tenancy if you prove you’re suffering financial hardship as a result of COVID-19, but you’ll need evidence. To find out what kind of documentation you will need, we suggest heading here.

Remember, you’ll likely be expected to repay any rent in arrears when the lease (or the pandemic) ends. So, try to pay as much rent as you can in the meantime.

Australian Capital Territory

While there’s currently no rebate on the horizon, the ACT government has offered negotiation incentives to landlords: if they negotiate to lower rent by 25% or more, they’ll enjoy certain tax benefits.

Public housing tenants get an automatic rebate, but the message to all other renters in the territory is: negotiate with your landlord.

Northern Territory

The NT government is set to meet on Friday, 24 April to pass more COVID-19 legislation, which may include support for renters.

But right now, no specific rent relief is legislated.

Western Australia

In WA, not only can renters not be evicted if they can’t afford to pay rent due to COVID-19, but they can’t be evicted during the “emergency period” (from now until June 30) if a lender repossesses the property, or if a fixed-term lease ends.

That said, you can be evicted if your landlord is experiencing financial hardship and obtains a court order that terminates your lease agreement.

So, if you’re having trouble paying rent because of COVID-19, you’re encouraged to contact your landlord to negotiate on rent. The WA Government says landlords can reasonably expect to see evidence of your loss of income (such as a termination email or letter from your employer) as part of that process. But they can’t ask for bank statements, budgets, or evidence of your spending habits.

See more details here.

Tasmania

The Tasmanian government has ordered that landlords can’t evict tenants who can’t pay rent between now and June 30 (although they’ve left themselves the option to extend that “emergency period” if need be).

That said, you should try to negotiate a payment plan with your landlord, and keep paying as much rent as you can. Why? Because at the end of this emergency period, your landlord will be able to issue a notice to vacate and to recover any rent you owe. As with any rental agreement, they’ll be able to recover outstanding rent from your bond or, if the bond doesn’t cover it, through legal proceedings. It’s best to pay whatever rent you can afford between now and then.

If you’ve lost 25% of your income or more due to COVID-19, you can apply for an order of severe hardship, which lets you terminate your lease agreement early.

To do this, you’ll need to provide evidence of:
- Your living costs
- Any liquid assets
- Unavoidable or reasonable expenses that would normally be able to be met outside of the current COVID-19 emergency
- Your employer forcing you to relocate
- A severe physical or mental illness that means you can’t continue with the tenancy.

Not eligible for COVID-19 Rent Relief?
The rent relief available in Australia right now is targeted at those with no safety net, and/or severely reduced income thanks to COVID-19.

If you don’t meet the criteria (or no specific assistance is offered in your state), you may be eligible for Federal Government Rent Assistance.
Information up-to-date at the time of writing on 23/04/2020.

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Flatmates Team

support@flatmates.com.au

@flatmates

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