As a result of the stories the Mail has written on people struggling to find a rental or people struggling to stay in their rental, we spoke with Real Estate Institute of WA about the common questions on the The Residential Tenancies (COVID-19 Response) Act 2020.
Since the WA government declared a state of emergency because of the COVID-19 pandemic, it has introduced The Residential Tenancies (COVID-19 Response) Act 2020 to support landlords and tenants in times of financial hardship.
The Act was recently extended until March 29, 2021.
REIWA deputy president Lisa Jones said one of the most common questions they have received was 'what are your rights around selling a house?'
Depending on the type lease the tenants agreed on before COVID-19, an owner can sell the home with the condition of sale that the property is vacated.
Under the COVID tenancy act, renters on a fixed-term tenancy agreement that expires during the emergency period will continue as a periodic tenancy unless you both agree to another fixed-term period.
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If you have a periodic agreement and the notice was given because the premises has been sold and it is a condition of sale that the property is vacant then you can be provided with 30 days notice to vacate.
If at the time of the sale, you have a fixed-term agreement with the tenant, then, as has always been the case, the tenancy agreement cannot be terminated, and the purchaser becomes the new landlord.
The only other way to legally terminate a lease is agreement is:
- If the property is no longer inhabitable
- If you issued a section 19 remedial notice
Ms Jones said another common question was 'can landlords increase their rent?'
The short answer is no.
Under the COVID tenancy law you cannot increase the rent during the emergency period with an existing renter.
This includes when the renter's fixed-term agreement ends and you either enter into another fixed-term agreement or a periodic agreement with the same renter.
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Ms Jones said it was also important for landlords to know that they do not have to reduce their rent.
"It is not a legal requirement to reduce the rent, however it is encouraged to engage in a conversation with your tenant around financial hardship," she said.
"If your renter is experiencing financial hardship you have the choice to reduce the rent."
The rental property needs repairs but the landlord is not doing them. What can I do?
If a landlord is in financial hardship due to COVID-19 they do not have to do ordinary repairs during the emergency period. They do still need to pay for emergency and urgent repairs.
As a landlord, if I am in financial hardship, can I evict my renter so I can move back into the property?
You can apply to the court for an order terminating the tenancy agreement on the grounds of hardship.
Another option is to ask the renter if they are willing to vacate the premises early. If you need help working this out, contact the Residential Tenancies Mandatory Conciliation Service.
Other helpful resources include:
- Landlord Hotline on 1300 304 054
- Consumer Protection consumer@dmirs.wa.gov.au.
- Tenancy WA on (08) 9221 0088 or for country callers 1800 621 888
- https://www.commerce.wa.gov.au/consumer-protection/residential-tenancies-covid-19-response