Tenants, property owners and managers wanting to end an agreement need to comply with the rules for ending a tenancy agreement under the Residential Tenancies and Rooming Accommodation Act 2008 (the Act) and the Residential Tenancies and Rooming Accommodation (COVID-19 Emergency Response) Regulation 2020 (COVID-19 Regulations).
The six-month eviction moratorium for COVID-19 rent arrears ceased to apply from 30 September 2020. This included changes to a number of temporary approved reasons for ending a tenancy agreement.
Notices issued on the these specified grounds on or before 29 September are still effective. The Residential Tenancies Practice Guide provides possible scenarios and examples of how the notice periods apply.
From 30 September 2020, when issuing a Notice to Leave (Form 12) or a Notice of Intention to leave (Form 13), property managers, property owners and tenants must provide approved reasons (including without grounds) and the relevant minimum notice periods as outlined in the Act.
Short term tenancy agreement for movable dwelling premises (in caravan parks) which end from 30 September can continue as planned, or be extended if both parties agree.
Tenants who have been significantly financially impacted and need to end their agreement early will still be able to do so under the Residential Tenancies and Rooming Accommodation (COVID-19 Emergency Response) Regulation 2020 which expires on 30 September 2021. Eligible tenants will only be liable for a maximum break lease penalty of one week’s rent (after giving the minimum notice period – generally two weeks). To be eligible, your household income has to have dropped by at least 75%, and you must have less than $5,000 in savings. For more information on lease breaks under the emergency regulation, read the Residential Tenancies Practice Guide.
Tenants who end their agreement early and do not meet the eligibility criteria may be liable for break lease costs and may need to pay compensation to the property owner.
Until 30 September 2021, tenants who are experiencing domestic and family violence and need to leave the rental property can end their tenancy agreement early with one week’s notice and not be liable for reletting costs incurred by the property owner.