Moratorium on Evictions

Last updated 1st April 2020

On 29th March 2020, the Federal Government announced that there will be a moratorium on evictions of individuals in financial distress for the next six months.

Leasing Principles

  • Where it can, rent should continue to be paid; where there is financial distress as a result of Covid-19, tenants and landlords should negotiate a mutually agreed outcome
  • There will be a proportionality to rent reductions based on the decline in turnover to ensure that the burden is shared between landlords and tenants
  • There will be a prohibition on termination of leases for non-payment of rent
  • There will be a freeze on rent increases (except for turnover leases)
  • There will be a prohibition on penalties for tenants who stop trading or reduce opening hours
  • There will be a prohibition on landlords passing land tax to tenants (if not already legislated)
  • There will be a prohibition on landlords charging interest on unpaid rent
  • There will be a prohibition on landlords from making a claim to a bank guarantee or security deposit for non-payment of rent
  • Ensure that any legislative barriers or administrative hurdles to lease extensions are removed, so that a tenant and landlord could agree a rent waiver in return for a lease extension

Eligibility Criteria

This Code is aimed at all tenants who are eligible for the JobKeeper scheme and those who have been significantly impacted by the COVID-19 restrictions.

Important Dates

This code came into effect nationwide from 3rd April 2020. Parties must adhere to “The Code” during the pandemic period, defined by the period which JobKeeper is operational.

Refer to ABJ Solutions Blog