60 day freeze on evictions ends 11 September 2021

Mij Michael, September 3, 2021

Eligible residential  tenants impacted by COVID-19 who cannot meet their residential rent payments are protected from eviction during the 60-day moratorium period that commenced on 14 July and finishes on 11 September 2021.

This applies to all residential tenancy agreements, including informal and unwritten agreements.

The freeze on evictions does not apply to Social housing tenancies, they have their own processes for dealing with arrears.

Termination, however, can still be sort by agents and landlords for:

• sale of premises
• illegal use of premises
• damage to property
• hardship
• end of fixed term agreement
• no grounds' termination.

The usual notice periods apply.

After 11 September 2021

A landlord can agree to vary the rent for a period that goes beyond 11 September 2021. But they will be able to take termination action for rent arrears if their tenant has not entered into an agreement with them.  In this case, the tenant is advised to keep paying as much rent as they can afford.

Landlords may claim rent reductions beyond 11 September 2021 as part of the Residential Tenancy Support Payment.

A landlord can also:

• reduce or waive rent in excess of $3,000;
• reduce or waive rent arrears that accrued before 14 July 2021;
• agree to vary the rent for a tenant who is not an eligible COVID-19 impacted tenant; or
• defer rent;

These arrangements cannot be claimed as part of the payment.

There is other financial support available. See nsw.gov.au

See also Legal Aid NSW.