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Update: This information was correct in May 2020 and has been repealed since the moratorium on evictions was lifted on 28 March 2021. If you have questions about this content then please email us at [email protected].
Things have changed – but thankfully, so have the rules.
As a result of the COVID-19 pandemic, new temporary laws have been introduced to assist Victorian tenants facing financial hardship. Assistance with rent reduction and a six-month ban on rent increases and eviction, are some of the important changes you need to know about.
For more information, Nico Lim and Cameron Horn (Tenancy Lawyer, Anika Legal) explain:
What the new ban involves
Rent increases
There is now a general ban on rent increases until 31 December 2020. If you get a notice of rent increase during now until then, it is not valid!
Evictions & rent payments
There is also a general ban on evictions. There are, however, some exceptions to this, including causing serious damage to the property, using it for illegal activity, or putting other people in danger. We’re all going a little stir-crazy right now, but if you have managed to steer clear of these kinds of behaviours, your landlord will not be able to evict you – even if you are unable to pay your rent.
However, this does not mean you do not have to pay rent at all. Any unpaid rent will continue to add up, and your landlord can make a claim for that outstanding rent. You should also be aware that when the general eviction ban is lifted, after 31 December 2020, if you are 14 days behind on your rent, your landlord can give you a notice to vacate. To help avoid this situation, we recommend negotiating a rent reduction with your landlord as soon as possible.
How to get your rent reduced
If you have been financially affected by COVID-19, you might be able to get a rent reduction. Even a little extra room to breathe can make a big difference!
Anika’s rent reduction support is a completely free, online legal service designed to make the process as simple and easy as possible. Once you’ve submitted your case with us, one of our team members will soon be in touch to discuss your situation. Then, we’ll work with you to prepare a personalised letter to your landlord seeking a rent reduction. In our experience, a letter from an accredited legal institution helps in getting a successful outcome.
What to do if your landlord says no
As we have all learnt this year, things don't always go as planned. We hope our services will help you reach a successful outcome, however, the flexibility of your landlord will depend on their situation. If you cannot come to an agreement, there are a few last resort options:
In response to the COVID-19 pandemic and the growing number of people who desperately need legal support, here at Anika, we have upped our efforts. We are committed to doing everything we can to ensure as many Victorian tenants have access to free, professional legal advice and a stable living situation.
If you're in need of a rent reduction, our service can help.
We last updated this page in March 2022. Please remember that this is only legal information. If you're thinking about taking action, you should chat to a lawyer for advice about your situation first.