Renting and COVID-19
Do I have to pay rent during the COVID-19 pandemic? Can my landlord evict me? Where do I go for help?
If you are one of Western Australia’s 725,000 residential renters you may be feeling anxiety and stress regarding your current tenancy.[1]
The law in our State is adapting to cater for our population’s interests during this unprecedented period. In the coming weeks, Parliament will pass through the Residential Tenancies (COVID-19 Response) Bill 2020 which will provide new laws in relation to renting a home in Western Australia.
As announced yesterday by our Premier, the Hon Mark McGowan BA LLB MLA, these new laws will include measures to assist renters being:
A moratorium* on eviction for 6 months.
A ban on rent increases until this period of state emergency is over as announced by our State’s government.
The option to extend all leases due to expire within this period.
A rule allowing landlords to withhold from conducting non-urgent repairs if they are suffering from COVID-19 hardship or live outside the restricted travel zones.
A rule allowing you to end current leases prior to their end date without incurring lease fees.
*A moratorium means a temporary ban of a certain act.
It is important to note that even if you cannot pay your rent currently, you will still owe it to your landlord at a later date – even under these proposed laws.
Our Attorney General, the Hon John Quigley MLA LLB JP, also recently stated that landlords must negotiate in good faith.
These new laws will provide a mandatory conciliation step in any dispute resolution process to act as a buffer for the Magistrates Court and State Administrative Tribunal from further residential tenancy dispute applications.
Commerce Western Australia have released further information in the interim on their web-site to guide tenants during this time. They note that tenants and landlords affected should negotiate mutually acceptable terms during this 6 month period. If these agreements cannot be reached, the above conciliation step will have to be undertaken with the Commissioner of Consumer Protection.
You should discuss your financial situation with your landlord as soon as possible if you cannot afford to pay rent.
You should be aware that your landlord cannot evict you overnight. To be evicted your landlord must:
Issue a breach notice with a fortnight pay owing rent.
Issue a termination notice if outstanding after 14 days.
Complete the conciliation step.
Apply to the Magistrates Court within 30 days.
Magistrates Court then can order to evict you after a court hearing but no sooner than 21 days after the termination notice.
In the event that a mutual agreement cannot be met, either the landlord or tenant can terminate the lease, however you both must comply with the termination process in the Residential Tenancies Act 1987.
Your landlord has the right to ask you for evidence relating to your loss of employment or income.
Your landlord cannot ask you to pay rent from your superannuation and you do not have to move out immediately after being given a termination notice.
You can come to an agreement with your landlord to temporarily freeze rent, and pay this owing amount back in future. Your landlord should contact their bank to gain mortgage relief where eligible.
There is no government decision yet on whether tenant debt will be written off during the period following this pandemic. The situation is rapidly changing and we will seek to update you as this occurs.
If you require advice in relation to your tenancy or any other COVID-19 related issues, please contact us on 08 6324 1299 to arrange a telephone consultation.
[1] Australian Bureau of Statistics – Survey of Income and Housing conducted from July 2017 to June 2018, calculated on current population.
