News

The State Government have passed the COVID19 Emergency Response Act 2020.  This is legislation that enables them to make various temporary modifications to SA laws in response to the COVID-19 pandemic.  Included are a number of modifications to the Residential Tenancies Act.

These modifications will be in place for 6 months and come into effect retrospectively from the 30th March.  They may cease earlier if the Government determine the outbreak of the disease within SA has ceased - whichever is the earlier.

The modifications to Residential Tenancies have been drafted with the intention of avoiding homelessness for those affected by financial hardship due to COVID-19, and protecting the health and safety of all.  As stated by the Government here, the new measures aim to:

• institute a short-term moratorium on eviction for non-payment of rent due to severe rental distress as a result of COVID-19
• prevent landlords from increasing rent during this time
• allow landlords to use technology such as face-time, live video or time-stamped photos for routine inspections where possible, unless there are exceptional circumstances and sufficient safety measures in place for an inspection in person
• extend the tenant’s ability to arrange to have repairs carried out by agreement with the landlord (this is aimed at privately managed properties, not those managed by an agent such as Trove...)
• provide a general protection for tenants who breach their agreement as a result of complying with a direction under law relating to COVID-19.

Where tenants have been impacted by COVID-19 but still have the capacity to pay their rent, they should continue doing so. Where alternative arrangements are needed as a result of COVID-19, tenants and landlords are encouraged to work together on an agreement and – where an agreement cannot be reached – the matter may need to go before the South Australian Civil and Administrative Tribunal (SACAT).

The amendments give SACAT the power to create and enforce orders out of the scope of the normal tenancies act where a tenant is experiencing hardship by awarding rent reprieves, reinstating tenancies where necessary and more.

Here at Trove, we will work with both parties to determine a solution that works.  We are encouraging our tenants to contact us if they are experiencing hardship due to COVID-19 and of course keeping our landlords up to date and informed as soon as we are notified, working together to find a solution that is regularly reviewed.  

With regards to routine inspections, we are working closely with our tenants to seek video and or photo footage and are so pleased at the wonderful response we have had to date.  By continuing to work together we will get through this time ensuring your properties are well maintained.

For properties that require tenanting, we are happy to report our virtual tours have worked a treat and we have continued to be successful in leasing properties throughout this time.  Once again the response from prospective tenants to this new way of leasing has been well received.

Maintenance as per government advice is still continuing, with safe distancing and additional hygeine practices in place.

Our team are continuing to work full time and are busier than ever - so whilst our office is closed to the public, rest assured we are business as usual.

We are in the process of preparing a list of answers to commonly asked questions from both landlords and tenants.  Once completed we will send these out and have them posted and regularly updated on our website under the COVID19 section for you to refer to at any time.