Deposit guarantee requirements have not changed. Landlords (and agents acting on behalf of landlords) must continue to comply with all of their legal obligations to protect against rental bonds, and the usual process of returning a bond must be followed when a rental agreement ends during the pandemic. For notifications regarding antisocial behaviour, domestic abuse, riots and misrepresentation, the required notice periods have returned to their length before the Coronavirus Act 2020. In some cases, this means that proceedings for anti-social behaviour can be initiated immediately after the commission`s decision. The notice periods for these reasons also vary between 2 weeks and 1 month depending on the nature of the lease and the land used. Tenants should continue to pay rent and comply with all other terms of their lease. The government has made available to tenants a large package of financial assistance, and where they can pay the rent as usual, they should do so. Tenants who are unable to do so should speak to their landlord as best as possible. Property owners are required to offer tenants affected by COVID-19 an extension of their fixed-term contract until at least September 30, 2020, unless the tenant requests a shorter term. Everyone involved in the moving process should follow the final instructions to stay vigilant and safe (social distancing) to minimize the spread of the virus. Rental agents, universities and accommodation institutions should also consider how best to carry out rental checks for new agreed rental agreements, while maintaining broader measures. If the tenant refuses to enter into a contract, a notice of delay in tenancy under section 14 serves him and the date of termination may be the day after the emergency period.
If you enter into an agreement with the tenant and the tenant does not comply with the agreement, you can take the tenant to court. For more information, call the rental hotline at 1300 304 054. At this point, we ask everyone to be compassionate and flexible as much as possible, and we encourage landlords to work constructively with their tenants. This may imply that tenants may be able to terminate the rental agreement by terminating less than what is provided for in the rental agreement or by allowing them to terminate the rental before the expiry of the limited duration. After issuing the termination, you must contact the mandatory conciliation service for housing rentals, where the tenant must participate in a conciliation with you. If they do not enter into a contract and do not participate in the conciliation procedure within 60 days of termination, you can ask the court to terminate the rental agreement. Tenants who terminate their contract prematurely and do not meet the eligibility criteria may be held liable for break-up costs and may be obliged to pay compensation to the landlord. Perhaps you are considering ending your tenancy for several reasons: if you do not fit into the COVID-19 criteria for „affected tenants”; have not been able to negotiate a rent reduction and cannot afford to stay; or the negotiations are not going well and you do not want to be caught in default or late; or you just have to move for other reasons. If you are a tenant living with a resident landlord, you could easily be evicted without a court order when your notice or agreement expires. It is reasonable to ask for evidence of a significant drop in wages or job loss, such as emails, letters or other communications between a worker and an employer during the COVID-19 crisis.
It is not reasonable to ask for proof of savings or issuance habits by requiring bank or pension statements. In the absence of a force majeure clause or the formulation of a force majeure clause does not cover COVID-19, the next question is whether the lease could be frustrated and consequently terminated. . . .