Rent Seekers
The Victorian Government has taken stay-at-home orders to a new level, targeting people who don’t own their home. By James Mathias.
Renters in Victoria are in for a shock if in the next five months they give notice of their intention to vacate. Under emergency laws passed by the Andrews Government last week in response to the COVID-19 pandemic, you can no longer give notice except in extraordinary circumstances until the end of September.
Tenants Victoria said it is “hoping this is an error in the drafting of the new laws.”
The 28-day notice period renters previously had to provide to their landlord are unlawful unless you satisfy one the following requirements:
The tenant requires special or personal care and needs to vacate the rented premises in order to obtain that care
The tenant has received a written offer of public housing from the Director of Housing
The tenant requires temporary crisis accommodation and needs to vacate the rented premises in order to obtain that accommodation
The tenant, who is an SDA resident, has been given a notice under section 498DA
The tenant is suffering severe hardship.
Unfortunately, this new mandate was omitted from the Premier’s media release dedicated to the Victorian Government’s intention to protect tenants and landlords, which includes a temporary ban on evictions and pausing rental increases for the next five months.
When talking about the measures, Minister for Consumer Affairs Marlene Kairouz said, “these are unprecedented measures – but we are facing an unprecedented crisis.”
The measures are indeed unprecedented. They create a situation in which it is illegal to try to move out of your rental property early, whilst on the other side of the ledger, landlords can’t evict you if you stop paying rent. Stage 3 restrictions to stay in your home have been taken to a whole new level.
According to the Australian Bureau of Statistics, there are 967,000 renters in Victoria; 772,000 of those are in a private agreement. Any one of those people who are looking to downsize, move from their rental property to one they have just purchased or are looking to move in with a partner or friend no longer have the choice unless they wish to forego rent.
When he announced the introduction of Stage 3 restrictions on March 30, Daniel Andrews said: “I’ve got a very simple message today – stay at home.”
Perhaps this was an early indication of his Government’s intention to ensure that the home you must stay in remains the same until at least October.