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Residential Tenancies and Rooming Accommodation (COVID-19 Emergency Response) Regulation 2020 – Information for Queensland’s Residential Rental Sector

Covid-19 Emergency Written on Red background

Passed on 24 April 2020, the Residential Tenancies and Rooming Accommo-dation (COVID-19 Emergency Response) Regulation 2020 contains provisional amendments to support tenants and landlords during the COVID-19 emergency.

The regulation, which will be in effect during the COVID-19 emergency period and will end on 31 December 2020, applies to residential tenancy agreements signed before or after 29 March 2020, and landlords, tenants and their agents involved in those agreements.

[View PDF of the COVID-19 Response Regulation]

Here are some of the Act’s implications on people with a residential tenancy agreement in place:

Moratorium on evictions

A landlord (and its agents) are not allowed to evict a tenant for failure to pay rent if: the tenant is experiencing extreme hardship caused by the COVID-19 pandemic.

If they do, the landlord will incur an offence bearing a maximum penalty of 50 penalty points, or equivalent to $6,672.50 at present.

But a landlord is permitted to evict a tenant because of:

  • Any other reason that would be allowed under the RTRA Act, for example, failure to remedy a violation within the allowed remedy period;
  • Failure to pay rent for reasons other than severe difficulties brought about by the COVID-19 crisis.
  • The landlord giving the tenant notice to leave or applying to QCAT for an or-der ending the Tenancy Agreement before 29 March 2020.

The curb on evictions starts from 29 March 2020 and ends on the earlier of a) 39 September 2020; b) the last day of the COVID-19 emergency period, which started on 29 January 2020 and will end when the relevant Minister deems the public health emergency over under section 324 of the Public Health Act 2005 (Qld).

Extending of fixed-term tenancy agreements

If a fixed-term tenancy agreement will terminate on or before 29 September 2020 and the tenant is having a very hard time due to the COVID-19 emergen-cy, the landlord is required to offer the tenant an extension of the term until 30 September 2020 and the offer must be offered prior to the termination of the term of the tenancy agreement.

The tenant is not required to pay any costs that the landlord may incur because of the extension.

If the landlord fails to offer an extension, the landlord will incur an offence equal to the maximum penalty of 50 penalty points.

However, if the tenancy agreement ended before 29 March 2020, the landlord is not required to offer the tenant a term extension, unless the landlord’s notice to leave, or the tenant’s notice of intention to leave is not valid, or the QCAT application is disapproved.

Unpaid rent

If the tenant is provided a show case notice for unpaid rent, the tenant is re-quired to do either of the following within 14 days after receiving the notice: a) pay the unpaid rent; or b) inform the landlord the rent is unpaid because the tenant is experiencing excessive hardship due to the COVID-19 emergency.

Tenancy variation agreements

A tenant and landlord are permitted to enter into an agreement for a rent re-duction for a specific period or a payment plant for unpaid rent, each of which is considered a tenancy variation agreement.

This agreement must be in the approved form and be signed by both the land-lord and the tenant.

Failure to leave due to unpaid rent

If a landlord provides the tenant a notice to leave due to an unremedied breach; and files an application with the QCAT for a termination order due to the ten-ant’s failure to evacuate –

QCAT is bound by the regulation not to approved the landlord’s application if: the unremedied breach concerns the unpaid rent; and the rent is not paid be-cause the tenant is experiencing extreme hardship due to the COVID-19 emergency.

Virtual inspections

A landlord or its agents are only allowed to inspect the premises or to show them to prospective buyers or tenant through:

  • Virtual inspection: an electronic way of conducting visual inspection
  • Video conferencing
  • Providing access to photos or videos sufficient to allow a judgment to be made on the state of the premises.

For more important provisions relating to residential premises under the newly passed Residential Tenancies and Rooming Accommodation (COVID-19 Emergency Response) Regulation 2020, visit: https://www.legislation.qld.gov.au/view/pdf/asmade/sl-2020-0057

 

 

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The Forgotten Soldier – A Property Manager’s Story

woman sitting infront of laptop with head bowed

By Karen Herbert & Eileen Herbert-Goodall

The panic is palpable, the barrage of phone calls exhausting, the need to facilitate negotiations dire – this is the new normal for property managers all around the country.

It’s hard to comprehend the sheer scale of the battle front that is the unfolding COVID-19 crisis; this battle extends beyond the obvious health calamity and has swiftly ballooned into an economic, social, psychological and emotional disaster for those struggling to pay their rent and/or mortgages. Here’s a snapshot of the cries of desperation swamping property managers daily.

‘I’ve lost my job and have no income to live on.’

‘This is not a game for me. If I don’t get support from you and the owner as the government is providing, then I’ll just stop paying rent.’

‘It’s your responsibility to go to the owner on my behalf and have this discussion to provide an outcome.

‘I’d like to know if my landlords would consider a reduction in my rent during this time?’

‘I’ll be on jobseeker for the next 3-6months and I’m so nervous about my financial situation during this time.’

‘We’re working with the application form in claiming through the RTA but, unfortunately, we aren’t included in the residential status section. We feel hopeless now as we still aren’t eligible for assistance.’

‘Unfortunately, my follow-up with the RTA about the rent assistance up to $2000 didn’t get us any help – so no funding for us. The RTA’s advice was to ask the real estate/landlord to drop the rent value by a percentage for say…3 months, then increase the rent again for the following say…6 months.’ ‘At this point, it seems we do not fit into any box for government funding unfortunately. We’re hoping to be able to access our Super to help in the coming weeks.’

These are the pleas heard by Property Managers as the COVID-19 battle rages on, bringing our nation to a standstill.

The media continues to suggest tenants and landlords need to work together and negotiate rent reductions during these uncertain times; yet, the herculean task faced by Property Managers who must navigate (and help solve) such situations remains unacknowledged. It seems we are invisible in this ongoing battle to keep people afloat and sheltered as they struggle to cover their rent and other bills. Evidently, we wear many hats in the day-to-day management of rental properties; but, during these troubling times, we must now go above and beyond the call of duty.

As a business owner of a Property Management specialist firm, my current daily challenge is to prop up members of my brave team who take desperate phone calls from frightened tenants. My staff must talk to everyday Australian citizens who’ve not only lost their jobs, but also face the possibility of losing the roof over their heads. They patiently listen to these sad stories, offering options and sympathy where they can.

They are the forgotten soldiers, who bring stories of desperation to Landlords, many of whom have also lost their jobs and are now struggling to meet financial commitments.

They are the forgotten soldiers who turn up every day, who return to the trenches to fight another type of war, an unseen war, where the victims lay psychologically and emotionally maimed.

They are the forgotten soldiers who work tirelessly, yet only receive an income on rent collected. So, while rental revenue plummets they, too, are in danger of losing their jobs.

Who then shall then defend the meek?

Who then shall hear their cries of pain?

Who then shall negotiate their suffering?

I think it’s time we remembered these forgotten soldiers, who I dub the Knights of Property Management – the servicemen and women of the Real Estate industry.

I say that we give a huge shout out of thanks to all Property Managers who expose themselves daily to a different kind of risk, like our health workers, are also forced to endure long working hours, psychological distress, fatigue, occupational burnout, stigma, and psychological violence.

For without them, our tenants and landlords have no representation.

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REIQ Support for Queensland’s Real Estate Industry

REIQ published a full page advertisement in support of Queensland real estate that appeared in Saturday’s Courier Mail. The importance of real estate to every Queenslander was outlined, all the while letting the community know how real estate activities are being delivered safely in the midst of a pandemic.

Read more
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Tenancy reforms: Landlord Insurance through AON includes pet cover

pet owner embracing her dogDear Property Manager,

You probably already know that rental regulations around Australia will be changing in 2020. The specifics and timings differ across the states and territories, but key changes being implemented include giving tenants more control over their environment such as fewer restrictions on keeping pets.

We wanted to reassure you and the landlords you look after that Aon’s Landlord Insurance includes damage by pets to building and contents, flood and clean-up costs associated with illegal drug production(*). Optional cover is available for(*):

  • Loss of rent
  • Damage or theft of contents by tenants
  • Liability cover

For more information about Aon’s Landlord Insurance, give us a call on 1800 105 590 or visit aon.com.au/agentsportal.

*Subject to full policy terms, conditions and exclusions.

Source: http://aonunited.com/

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Some Good News During Turbulent Times | Congratulations to our Major Prize Winner!

Man winner of car promo

We are thrilled to announce that John & Janet Angus from the Sunshine Coast are the new owners of our major prize, a brand new Kia Picanto worth over $17,240 RRP including all on road costs.

Ray White Buderim, the agency who manages Mr & Mrs Angus’ property, were so pleased to be involved in the opportunity to celebrate and be part of giving away a vehicle to one of their lucky clients and now very happy customers!

We hope Mr. and Mrs. Angus enjoy the car and we wish them safe driving from everyone here at Smoke Alarm Solutions. John has already let us know the Grandkids have named the car “Zippy”.

Thank you to everyone that participated in our Scratch’N Win promotion, it has been a great success and we’re extremely happy with the overwhelmingly positive response we have received.

Thank you for choosing Smoke Alarm Solutions to upgrade your properties.

……………………………………………………………………………………………………………………

Still need to claim your prize? It’s okay, you still have time! We have decided to extend prize claims by 2 weeks.

How to redeem your prize:

Visit www.smokealarmsolutions.com.au/scratch-&-win and complete the online entry form including full name, telephone number, email address, invoice number, property address upgraded, postal address for prize, unique code and submit the completed online entry form by 23:59 AEST on 14th April 2020 to claim your prize.

Source: www.smokealarmsolutions.com.au

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COVID-19 Update from Lord Mayor of Brisbane Lord Adrian Schrinner

covid-19 updates spelled on black backgroundAdrian Schrinner, Lord Mayor of Brisbane, discusses what the Brisbane City Council is doing to make sure residents remain safe amid the #coronavirus outbreak.

Transportation and commuting

The Council has initiated new safety measures on Brisbane buses, ferries and CityCats, including payment by Go Card only as well as rear-door boarding on Brisbane buses to protect passengers and drivers from Coronavirus.

Nightly sanitisation of Council’s entire fleet is ongoing to allow residents to travel with confidence.

Residents who are moving around Brisbane on buses are urged to do so with caution by following social distancing rules.

Council is no longer allowing people to sit in the front passenger seat next to the driver.

For pedestrians, the Council has also programmed hundreds of inner-city traf-fic signals to run automatically 24/7, so people don’t have to press the button to get a green light.

Council Rates

If you, a loved one, or a local business are struggling to pay Council rates on time, please speak to the Council. There are several ways it might be able to assist you during this difficult time. The Council is here to help where it can those who are experiencing genuine hardship. There is no way of knowing how long or how far this crisis will extend.

Parking

The Council has asked parking inspectors to show leniency at this time and only issue warnings unless there is a serious safety issue.

Covid-19 Hotline Numbers for Brisbane Australia

Changes to Council facilities, events and services will continue to be reported to its website, (www.brisbane.qld.gov.au). You can also discuss Council assistance options by calling 3403-8888.

For the most up to date health advice, visit health.gov.au or call the Common-wealth Government Coronavirus Hotline on 1800 020 080.

Source:https://www.linkedin.com/posts/brisbane-city-council_brisbane-activity-6648462020289024000-vx3g

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Coronavirus QLD: Treasurer Jackie Trad reveals emergency rental assistance payment of up to $500 a week

Covid-19 spelled using pills on dark blue background

PREMIER Annastacia Palaszczuk said Parliament would be recalled to push through legislation protecting renters.

New laws are needed to instate a national moratorium on rental terminations to protect tenants who have lost their jobs.

Ms Palaszczuk said she did not know the date as it would depend on when legislation was ready.

However, she said the Parliament would only be recalled to deal with urgent COVID-19-related legislation.

It comes after Treasurer Jackie Trad said she understood people were “incredibly fearful” that they may not be able to pay their rent and pledged that the government will backdate the eviction moratorium in Queensland to March 29.

In a live Q&A streamed on Facebook, Ms Trad said the state government had set up a grant program that offers an emergency rental assistance payment of up to $500 a week, for up to four weeks, for Queenslanders who cannot make rent.

“That is pretty obvious out there in the community that people are incredibly fearful about having an income and being able to make rent, being able to put food on the table, being able to make other sorts of cost-of-living obligations like utility bills,” Ms Trad said.

“We have in fact set up a grants system for those people in the private rental market, so where you’ve lost your job, you’re not going to get any income support from Centrelink until at least the 27th of April.

“The Queensland government has an assistance program where we will provide you $500 a week to help you with your rent payment and it’s a really simple process.”

The payments can be accessed by calling phone 1800 497 161.

Ms Trad also acknowledged the state government would be writing the eviction moratorium into law “for tenants who can’t make rent because they’ve lost their job due to coronavirus or the impacts, either directly or indirectly, of coronavirus”.

“There will be an absolute moratorium, prohibition, written into law around evicting renters because they can’t pay their rent and that will be backdated to the day the Prime Minister announced that out of the national cabinet,” she said.

However, she said the eviction moratorium is for people who have been “genuinely impacted” by a coronavirus.

“For tenants that do the things that would ordinarily see them evicted – if they significantly damage the property or the owners themselves move in because of financial distress – then that will still occur, this isn’t a blanket prohibition,” Ms Trad said.

“But where you have lost your job, your hours have been cut, and where you genuinely cannot make your rent, you will not be evicted and we will guarantee that by law and we will also help you make up the shortfall in terms of your rent payments until you start getting some income support, or hopefully get another job.”

Ms Trad said the government is considering renting out hotels to house the homeless.

“We are looking at every option, including hotels for those who find themselves homeless,” she said.

“We are looking at absolutely everything, including head leases in hotels or motels to make sure that we can properly look after those who are most vulnerable in our community.”

Source: https://www.couriermail.com.au/coronavirus/coronavirus-qld-treasurer-jackie-trad-reveals-emergency-rental-assistance-payment-of-up-to-500-a-week/news-story/a5ce014d9b26e401fe489d547e1c74a4

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Update from Arrive on the impact of COVID-19

Covid-19 Arrive ResponseKaren Herbert has an important message for our residents around the impact of COVID-19

In this turbulent times, we want to reach out to our residents to let you know that we are here. It is currently still business as usual here at Arrive.

We are uncertain about what the future looks like. We put measures in place to be able to manage your property effectively whether it be here or remotely.

To minimise the risks, we have cancelled all routine inspections until further notice. But we urge you to still let us know of any maintenance issues preferably via the tenant app.

We will continue to lease properties until such time when we are told we simply cannot. And of course, we’ve got sanitising methods in place to protect all parties concerned.

We understand that the pandemic brings with it a range of impacts on all of us, and we recognise that some of you may be financially impacted. If you are experiencing any difficulty in paying rent, we ask you to contact us to discuss support options that we have in place.

If you are, however, unfortunately affected and have lost your job, we ask you to go directly to the Australian government website where there are lots of information on how you can get financial assistance.

Of course, we are aware of the toilet paper situation, or the lack of it, and we do ask you to be very mindful and not flush anything down the toilet aside from toilet paper as this will have blockage issues.

And finally during this unprecedented time, we ask you to remember your neighbours, call your family members, and remember to be compassionate, and make sure everybody is okay. This will pass and we will prosper, and in the meantime, stay safe, everyone!

Source: https://www.facebook.com/watch/?v=200992177828849

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Economic Response to the Coronavirus

The Government is acting decisively in the national interest to support households and businesses and address the significant economic consequences of the Coronavirus.

While the full economic effects from the virus remain uncertain, the outlook has deteriorated since the Government’s initial Economic Response announced on 12 March 2020.

The spread of the virus worldwide has broadened, and is expected to be more prolonged. Governments, both international and domestic, have announced stricter mitigation measures to slow the spread of the virus, which are having significant economic impacts.

On 30 March, the Government announced the $130 billion JobKeeper Payment to help keep Australians in jobs as we deal with the significant economic impact from the Coronavirus. This brings the Government’s total support for the economy to $320 billion across the forward estimates, representing 16.4 per cent of annual GDP.

These actions provide timely support to affected workers, businesses and the broader community.

The Government’s economic response targets three areas: (1) Supporting Individuals and Households; (2) Support for businesses; and (3) Supporting the flow of credit.

1. Supporting Individuals and Households

The Australian Government is providing financial assistance to Australians to support them through the Coronavirus. This assistance includes income support payments, payments to support households and temporary early releases of superannuation.

2. Support for businesses

The Australian Government is supporting Australian businesses to manage cash flow challenges and retain employees. Assistance includes cash flow support to businesses and temporary measures to provide relief for financially distressed businesses.

3. Supporting the flow of credit

The Government, the Reserve Bank of Australia and the Australian Prudential Regulation Authority have taken coordinated action to ensure the flow of credit in the Australian economy. Timely access to credit is vital for businesses to manage the impacts of the Coronavirus.

  • Support for immediate cash flow needs for SMEs
  • Quick and efficient access to credit for small business
  • Reserve Bank of Australia – Supporting the flow and reducing the cost of credit

Source: https://treasury.gov.au/coronavirus

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Effective Removal of Pigeons from Solar Panels

House with solar panelsPigeons and other birds will shelter and nest under solar panels. They are attracted to sheltered places to get protection from the sun whilst having a high place to perch and then will use the space under the panels to build a nest.

Regular visits from birds create a mess on top of the panels, reducing their efficiency. However a more serious issue is the accumulation of nesting material and droppings underneath the panels.

Their droppings are corrosive. There is also a serious risk of increased electrolysis between different metals: the aluminium solar panels, stainless steel bolts and the metal of the roof sheeting. This occurs because the debris retains moisture and also forms a bridge that can bypass the insulators and fittings that are installed to prevent electrolysis.

On both metal and tiled roofs, the accumulated nest debris and droppings will also attract insects such as beetles and cockroaches to breed on your roof (and then enter the house). Eventually gutters and drains will be blocked and corroded, allowing water to leak and overflow from the gutters.

If birds on solar panels are allowed to successfully rear their young, even more birds will come back to the same building in the following breeding season.

Possum Proofing Solar Panels

Possums view solar panels as excellent areas to shelter and will often nest underneath. They are attracted to the panels as they provide a safe, sheltered location and will happily live and nest in such places on top of the roof. Unfortunately they are guaranteed to make a mess under the panels and can often chew the wires leading to safety hazards for your family and expensive repair bills.

A pest control specialist will use a reliable, quality proofing method of excluding the possums from under the panels. This proofing product is stainless steel black UV coated wire mesh with UV stable nylon retainer hooks and washers. It clips onto the panels so you can remove a section for servicing if required, and it does not screw into the panels so does not void your panel warranty. This product also allows excellent water and airflow under the panels to avoid heat build-up.

Possum nests will be removed before the mesh is fitted and if there is significant mess created by possums or birds. Pest controllers will usually provide a quote to pressure wash the roof before the solar panel proofing is installed.

How Pest Control Specialists Can Help

Overall it is better to be pro-active: exclude the birds and possums from getting under the panels and reduce the tendency for them to stay on your roof. Hire a team of people experienced in proofing solar panels to get rid of pigeons and possums using their proven proofing product. In the longer run it is much cheaper to exclude the unwanted visitors as that reduces future maintenance costs and ensures that the efficiency of power conversion from the sun is not reduced.

Experienced, registered pest controllers will be able to combine this solar panel proofing with legal chemical treatments to get rid of pigeons and reduce the bird numbers, if needed.

***If you are a tenant, you need the owner’s permission to conduct any proofing work at the property, as it is structural work on the house. Make sure the owner is aware of the issue and they request the inspection from the pest controller directly.

Source: https://www.possumman.com.au/

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