What tenancy protections will remain when the moratorium ends?
Australia has begun its transition out of the COVID-19 emergency period. With this transition comes an end to the moratorium on evictions, and other protections for tenants and landlords. Many of these protections are ending very soon, so it is important for property owners and tenants to know which rules will apply.
To help out we have provided a summary of the changes you can expect in Queensland over the coming months. These include all the protections that have previously ended and the protections which will end soon.
What is happening for QLD renters?
The Queensland Government has extended the end date for a range of COVID-19 protections for residential tenancies. Each of these extensions are scheduled to end on the 30th of April 2021. Each of these protections, and the date at which they end, applies for general tenancies, rooming accommodation, and social housing.
In extending these protections, the Government aims to help the rental market transition back to the normal arrangements pre-COVID.
What protections will remain until 30 April 2021?
The following protections will continue to apply to all tenancies in Queensland until 30 April 2021:
- Provisions allowing tenants experiencing domestic and family violence to end their tenancies quickly.
- Protections for tenants against being listed in a tenancy database for rent arrears caused by COVID-19 impacts.
- Limits on reletting costs for eligible tenants who end their fixed term tenancies early.
- Short term tenancy statement extensions for moveable dwellings.
- Entry restrictions and requirements to support COVID-19 social distancing measures.
- Relaxed repair and maintenance obligations.
These further protections will enable a smooth transition back to normal for the rental market. Tenants and property owners are still advised by the Government to continue negotiating adjustments to manage any impacts COVID-19 has had on either party. Your property manager should be able to assist here, otherwise the Residential Tenancies Authority (RTA) has a free dispute resolution service.
What protections ended on the 29th of September 2020?
Even though these protections have already ended it is important to note what parts of the Residential Tenancies and Rooming Accommodation Act 2008 now need to be referred to. The protections which have ended include:
- The six-month eviction moratorium for COVID-19 rent arrears.
- Fixed term agreement extensions for COVID-19 impacted tenants.
- Ending agreement provisions that prevent property owners ending tenancies with COVID-19 impacted tenants without grounds and provide additional grounds for parties to end tenancies (owner occupation and sale of premises which require vacant possession).
- Rent and bond processes that support parties to negotiate arrangements to manage COVID-19 impacts on their tenancies have been adjusted.
- Mandatory conciliation of COVID-19 related tenancy disputes through the RTA.
Conclusion
As the vaccine rollout continues, and Australia continues to see low or no community transmission numbers, the rental market has continued to move back towards normal. With this, and the reduction in COVID protections for tenants, we may see some normalcy sooner rather than later.
For assistance in understanding and managing COVID protections feel free to reach out to Link Living.
