News

The Emergency Response Act has been extended to the 6th February 2021, with some amendements.

Listed below are answers to the most common questions we receive about Tenancies during the COVID-19 Pandemic. Please note these are our interpretations of the new legislation and may be subject to change.

Do I have to still pay my rent?

What is a Financial Hardship Application Form?

If I can't pay, will you evict me?

Can you put up my rent during a pandemic?

How will my routine inspections be carried out?

Do I still have to pay water?

What if I want to move out of my tenancy before the lease end due to hardship?

What happens if I need maintenance?

I am vacating my property, are you allowed to show new tenants?

---

1. Do I still have to pay rent?

The clear answer here is yes. You have a tenancy agreement and are bound by your obligations. 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.

Solutions may be as simple as a 'Temporary Rent Reprieve' which means you can pay a reduced rent now for a period of time, and catch up the arrears at a later date OR you may be fortunate enough to have a landlord who is in a position to offer a 'Temporary Rent Reduction' meaning your rent is actually reduced by a certain amount for a period of time (no pay back).

It is really important you keep us updated if you are affected so we can assist in sorting a solution. You can complete our Financial Hardship Application here.

 

2. What is a Financial Hardship Application?

As Property Managers, we have a fiduciary duty to act on behalf of our landlords. It is our advice from the South Australian Civil and Administrative Tribunal (SACAT) that it is 'reasonable' to obtain the information we are asking for on our Financial Hardship Application so that your landlord is reasonably informed when considering your request for assistance. This is information that SACAT would request from a tenant before making a ruling.

 

3. If I can't pay, will you evict me?

The Government have passed legislation to protect families from homelessness during a pandemic and there is a moratorium on evictions in the instance a tenant can prove financial hardship. If the landlords and tenants have been unable to reach an agreement on rental payments, the tribunal will have the power to amend or vary the rent, and to put in place a firm payment plan.

 

4. Can you put my rent up during the Pandemic?

As of the 30th September, rent can now be increased, unless the tenant can prove they are suffering financial hardship as a result of the COVID-19 Pandemic. Appropriate evidence would be Job Keeper / Seeker payments, pay slips and bank statements. In this instance, the rent can not increase until the 6th February 2021.

Prior to this the Government had a moratorium on rent increases, effective from the 30th March to the 30th September stating the rent can not be increased during this time. Rent increases that have been agreed too before the 30th March have been rescinded and will now take effect as of 30th September or as soon as the pandemic is declared over, whichever is the earlier.

 

5. How will my routine inspections be carried out?

Routine inspections have now returned back to normal and can be carried out in person by your Property Manager.

During COVID-19 we were specifically prohibited from attending the premises for the purpose of a routine inspection unless 'exceptional circumstances' exist. To combat this, the Government passed legislation that allowed landlords to use technology such as face-time, live video or time-stamped photos for routine inspections where possible, and the tenant has a responsibility to facilitate this type of inspection.

We understand that different tenants have different tech habits and moved quickly to create and implement a simple to use online form link that guides our tenants through our requirements and enables easy upload of images per area from any device. Our tenants were wonderful in completing these reports which were collated and uploaded to landlord and tenant portals as a 'document' for future reference.

In the instance a tenant was unable to facilitate an online inspection, this would be deemed an 'exceptional circumstance' enabling us to legally attend with sufficient safety measures in place.

 

6. Do I still have to pay for water?

Yes. However same as for rent, if you are experiencing financial hardship you must let us know and we may be able to assist with a payment plan.

 

7. What if I want to move out of my tenancy before the lease end due to hardship?

If you are wanting to move, it is important that you contact us to discuss your options.

 

8. What happens if I need maintenance?

If you need maintenance, or your smoke alarm serviced, this will proceed as per normal, with the trades exercising increased hygiene practices. Unless of course if you are self isolating due to having contracted COVID-19. In this instance, we will delay non urgent maintenance, and for urgent maintenance will determine a solution on a case by case basis.

 

9. I am vacating my property, are you allowed to show new tenants?

Yes, we are now allowed to show prospective tenants as per normal, however we continue to follow increased hygeine protocols.

At the commencement of the pandemic, legislation was amended to allow private inspections only (1 group at a time). We have amended our leasing process during this time to try and minimise the amount of disruption to tenants. We are providing prospective tenants 'virtual tours' and asking interested tenants to apply. Those candidates that meet the selection criteria, or whom are approved by the landlord are the only tenants who will be shown through - reducing the amount of people coming through your home. Of course if you are sick with COVID-19 we will need to postpone - simply contact our office.

 

To read Consumer & Business Services Rental Advice during Covid19, click here.

To read SACAT Fact Sheet on Amendments to Residential Tenancy Agreements, click here.