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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 51788
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Are renters on periodic agreements protected by the eviction

This answer was rated:

are renters on periodic agreements protected by the eviction moratorium?
JA: What state are the renters in? It matters because laws vary by location.
Customer: QLD
JA: What steps have the renters taken so far?
Customer: None. They have lost their jobs because of Covid-19
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No

Hi, I’m John, solicitor, and reviewing your post, and may need to ask a few questions a long the way to assist you.

The Australian government has introduced a moratorium on evictions for the residential and commercial tenants during the coronavirus pandemic. For the next six months there is technically a freeze on trying to evict tenants out of residential or commercial properties.

Where your landlord is placing undue pressure on you, and you are unable to meet the rent obligation, you are in a strong position to remind the landlord that there is a moratorium on rent.

Then in this case you invite the landlord to discuss this amicably with you and where this is not achievable with the landlord and the landlord keeps placing pressure upon you, your next step is to engage a lawyer to issue a formal notice to the landlord detailing the moratorium that stands rental.

As a tenant and under his moratorium structure the Australian government put into place, the tenant is protected for the six month period.

If you receive any harassing communication from the landlord you may be able to get a restraining order against the landlord for such a negative conduct.

The tenant in the current position as it stands has significant weight to force the landlord not to evict the tenant under these difficult situations of the coronavirus.

Where the landlord is not working amicably with you, your suggested to reach out to your local lawyer who can then communicate with the landlord to settle the matter on your behalf.

The tenant is being protected by the Australian government in this very difficult time.

​Thank you for reaching out today.

You have a legal right to protect your interests in this important situation.

I am a user like you in this chat forum to assist in your important question today.

Thank you kindly for rating me with 5 stars, which helps me support the community.

You can come back to this post any time to ask questions without additional charge.

I hope I have assisted with answering your important question today, and thank you for supporting the community.

Customer: replied 5 months ago.
Not sure my question was answered. My question is, Are tenants on Periodic Agreements (month to month) protected by the eviction moratorium?
Secondly, what is the date that this moratorium started?

Yes, tenants on periodic rooms are protected under the moratorium from eviction.

This moratorium started approximately 2.5 weeks ago in line with the statement of the Prime Minister of Australia

Customer: replied 5 months ago.
What documentation do you have to support these facts, John?

There is the Parliamentary speeches to support these facts

Customer: replied 5 months ago.
Each state is supposed to be changing laws to bring in this protection. They are all doing it in different speeds. The protection is only in effect in each state once that state has made these amendments. QLD released some information about this yesterday, but still not 100% clear. So I doubt the eviction protection has started 2.5 weeks ago. People are still being evicted by their landlords. Please explain.

There are court orders in place, then the tenant itself can be evicted. Where there are no court orders in place the moratorium stands and people can stand up to the landlord.

Good Morning

I am Leon from Sydney

I will do my best to assist you with your question

Here is the current position

Can my landlord evict me during this crisis?

The Prime Minister announced on 29th March that the States and Territories have agreed to a 6 month moratorium on at least some evictions.

NSW has not yet implemented the announced Evictions Moratorium and rent relief. We understand the Better Regulation Minister ***** ***** and Treasurer Dominic Perrottet are working on exactly what this will look like for NSW. We are concerned the protections will not cover all evictions, and all renters - a more detailed update on this is available at the community campaign for No Evictions During Health Crisis. Please consider contacting the Minister and Treasurer to share your story, and how the COVID19 crisis is impacting you and your rental housing.

https://www.tenants.org.au/blog/renting-and-covid-19-information

It applies to all tenants fixed and periodic.

It is backdated to 1 January 2020

If they try to evict you, you file an application in QCAT and they will uphold the moratorium and allow you to stay.

x

I hope this makes sense and is of assistance. If you wish a phone call please elect for one but be aware it will be an additional fee. If there is nothing further thank you for using my services.

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Regards
Leon

Customer: replied 5 months ago.
Hi Leon, thanks for the answer. Where can I find official documents confirming your answer for the state of Queensland? tenants.org.au is not an official government site

What I have sent you applies to all of Australia

It has been announced by the federal government.

There will be further announcements in the next week they say

Customer: replied 5 months ago.
Announcements of coming amendments is not the same thing as actual amendments. People are still being evicted in most states of Australia

They have made a declaration that you cannot evict.

This will be upheld by any tribunal.

They are being given notices but if you take them to QCAT they will not uphold them.

You have to fight the eviction

While you do that they cannot evict you and the notice is on hold.

Have you been issued with an eviction notice?

Have you been issued with an eviction notice?

The following is from the QLD govt

On 9 April 2020, the Queensland Government announced several measures to support sustainable tenancies in the residential rental sector during the COVID-19 pandemic.

The Queensland Government’s package of measures includes:

  • Putting a freeze on evictions due to rent arrears for 6 months (from 29 March 2020) for Queensland tenants experiencing financial distress due to the impacts of COVID-19. Landlords/lessors/agents and tenants are encouraged to talk about new arrangements.
  • Ensuring tenants and property owners work together, with conciliation to be mandatory to reach an agreed outcome.
  • Reinforcing to tenants they have a right to refuse entry for non-essential reasons (including routine inspections), particularly if you or a member of your household has a higher risk profile if exposed to COVID-19.
  • Ensuring debts don’t accrue for tenants and that they will not be placed on a tenancy database if they are experiencing hardship.
  • Providing support for Queenslanders experiencing domestic and family violence.
  • Introducing a cap on break lease penalties.

These proposed measures are in addition to the COVID-19 Rental Grant of up to $500 a week for up to four weeks ($2000 maximum) which is available to Queenslanders who are homeless or at risk of becoming homeless and have exhausted all other options.

The Queensland Government has also announced a three-month rebate of land tax for 2019-20, followed by a three-month deferral of land tax 2020-21 for property owners who agree to provide rent relief for tenants affected by the coronavirus economic downturn.

https://www.rta.qld.gov.au/Forms-and-publications/Educational-resources/RTA-responds.html

Customer: replied 5 months ago.
I have read the above. And no, I have not been issued an eviction notice, but I am worried that I will be when I contact the agent on Tuesday. The reason is that both me and my wife have lost our jobs because of Covid-19 and we are unable to pay rent until things change. We have a child and I'm worried that we have nowhere to go if we get kicked out

If they contact you, you file an application with QCAT to set the notice aside and you do it ASAP

Customer: replied 5 months ago.
understood. thanks

You are welcome. You have the protection

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback by rating my work 5 stars so I can be paid. Highlight the 5 stars at the top and click the submit button.

Thank you for using Justanswer and I look forward to assist in the future as required.

Regards
Leon

Leon, Solicitor
Category: Australia Law
Satisfied Customers: 51788
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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