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What happens with arrears owing from the previous moratorium period?

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What happens with arrears owing from the previous moratorium period?

In March 2021, the Government put in place the following measures to assist COVID-19 impacted tenants who accrued rent arrears between 15 April 2020 and 26 March 2021 (the previous moratorium period):

  • Landlords are only be able to evict for these arrears if they have first attempted in good faith to negotiate a repayment plan. It also has to be fair and reasonable to evict.
  • The tenant cannot be evicted unless they have failed to meet the agreed payment on two consecutive occasions.
  • Tenants and landlords will continue to be able to apply to NCAT to terminate tenancy agreements on the basis of hardship.
  • Existing agreements about the waiver or deferral of rent payment are not affected.
  • Landlords can’t evict using the ‘no grounds’ eviction process, unless it is fair and reasonable to do so.
  • Tenants are permanently protected from being listed on tenancy databases.

These measures end on 26 September 2021.

Under the 60 day freeze on evictions, if a tenant is currently COVID-19 impacted, the landlord is unable to take action to terminate the tenancy for arrears accrued during the previous moratorium period until after 11 September 2021.