COVID-19: Tenancy

Moratorium

The WA government has adopted a moratorium during an emergency period which began on 30 March 2020. The end date is now 28 March 2021, however the government may change the end date to be earlier or later, depending on the status of the COVID-19 pandemic.

Tenants, long-stay residents in residential parks, boarders and lodgers experiencing difficulty paying rent due to financial hardship caused by COVID-19 should contact their landlord as soon as possible. Options to consider include whether the tenancy or accommodation agreement can be changed  to cover deferring rent payments to a specified later date when the renter’s income improves; a decrease in rent for a specified period; or terminating the lease without penalty.

Other changes to residential tenancy laws by the West Australian government include:

• a ban on rent increases during the emergency period (except where a renter and a landlord agree to a rent reduction due to financial hardship during the emergency period, the rent may be increased during the emergency period to no more than the amount that it was prior to the rent reduction agreement being made, only if both the renter and the landlord agree).
• fixed-term tenancies will automatically convert to periodical tenancies if they expire during the period unless another fixed-term agreement is entered into;
• landlords do not have to carry out non-urgent repairs if they themselves are experiencing financial hardship or are not able to access the premises due to restrictions on movement;
• the establishment of a Residential Tenancies Mandatory Conciliation Service to help landlords and tenants who have a rental issue reach an agreement without going to court during the COVID-19 coronavirus pandemic emergency period; and
• tenants experiencing COVID-19 related financial hardship who end a fixed-term tenancy prior to its end date will not be penalised and incur break lease fees. The tenants will still be liable for damage and rent arrears. 

Termination and eviction

Tenants should be aware that leases can still be terminated and tenants can be evicted if they are:

• causing damage to the property;
• posing a threat to the landlord or neighbours;
• not paying rent if they are not suffering coronavirus related hardship; or
• refusing to make a rent payment agreement or if they abandon the property.

A tenant’s interest in a tenancy agreement can be terminated arising out of family violence.

Landlords or tenants suffering hardship can apply to the Magistrates Court to have a tenancy agreement terminated.

For more information, go to the West Australian government Department of Mines, Industry Regulation and Safety website Residential tenancies COVID-19 response.  

If you are a tenant with queries about your tenancy and you require legal assistance, please contact Tenancy WA (now Circle Green Community Legal).  

Tenancy WA provide telephone advice to tenants across Western Australia. However sometimes you may need personal assistance with your tenancy queries and that is when you can talk to a Tenant Advocate. A Tenant Advocate can help with advice, writing letters, applications, and going to Court. If you have trouble accessing the Tenancy WA advice service, you can call your local tenant advocate for advice.

Reviewed: 18 November 2020