Fillable Residential Tenancies Moratorium Application for rent negotiation (New South Wales)

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Residential Tenancies Moratorium Application for rent negotiation (New South Wales)

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Residential Tenancies Moratorium
Application for rent negotiation
Important information
There is a restriction on landlords evicting tenants who are financially disadvantaged by COVID-19, unless a
formal rent negotiation process has been undertaken
Tenants must demonstrate they are eligible
Negotiate rent reductions in good faith. That is, dealing honestly and fairly with one another to genuinely work
together towards an agreement.
Negotiate first before Fair Trading will assist. Provide evidence that you have attempted to negotiate in good faith
Complete all sections of this form and ensure you include all communications and evidence with your application.
If you do not submit the form and all evidence with your application your matter will not progress.
Applicant Information
Name: ____________________
___________
_____________________________ for
Tenant,
Address: ____________________________________________________________
Landlord, or
Agent
Agency name: ____________________________________________________________
Phone number: ____________________________________________________________
Email address: ____________________________________________________________
Eligibility
To be eligible for the
eviction moratorium, the applicant will need to prove that ONE or MORE rent paying members of the
household:
YES NO
have lost their job, income or work hours due to the impact of the COVID-19 pandemic, or
had to stop w
ork or substantially reduce work hours due to illness with COVID-19,
another member of the household’s illness with COVID-19 or COVID-19 carer responsibilities
for the household or family members
AND
this has resulted in a reduction in the total weekly household income (including
government assistance) of at least 25%.
If you have answered NO to this part, you are not eligible and must honour
your existing rental agreement.
Evidence
Copies of evidence to demonstrate you are eligible must
be submitted with your application.
Confirm you have attached: YES NO
Proof of job termination/stand-down, or loss of work hours
(evidence needs to specify this occurred as a direct impact of COVID-19).
P
roof of Government income support (may not be applicable to all)
Proof of prior income
Other relevant evidence to show the reduction in income (if an
y).
Respondent
Name: _______________________________
_____________________________ for
Tenant,
Address: ____________________________________________________________
Landlord, or
Agent
Agency name: ____________________________________________________________
Phone number: ____________________________________________________________
Email address: ____________________________________________________________
Summary of your complaint
T
e
nants – include reasons why you require a rental adjustment, including your ability
to pay and what debts you
may be facing. Not attempting to negotiate and then paying no rent can result in a termination and eviction after the
moratorium period, including substantial debt.
Landlords – include reasons why your tenant needs to pay some rent, including impacts on your financial position
Desired outcome
T
e
nants – you are required to have an idea of how much rent you can pay. You ma
y request that part of the rent is
waived or deferred (repaid later). Depending on the landlord’s circumstances, they may waive some of the rent or
require the rent be deferred and repaid over time.
Landlords – you are required to work with the tenant and decide if you are waiving the rent OR will consider
deferring the rent with a repayment plan for part or all the arrears. This will depend upon your financial position.
Next Steps
Submit completed Applicat
ion for Rent Negotiation form along with a
ll supporting evidence and communication
s
between parties. If you do not submit all evidence your matter will not progress.
Tenants who meet the above eligibility criteria may apply to the NSW Civil & Administrative Tribunal (NCAT) to
end the tenancy if:
* the landlord refuses or fails to participate in a process provided by Fair Trading to negotiate rent reductions, or
* the landlord and tenant are unable to agree on a rent reduction and repayment arrangement that would avoid
financial hardship for the tenant. Note: NCAT may require a tenant to pay a break fee of up to 2 weeks
rent if
appropriate in the circumstances.
Landlor
ds can issue a termination notice or apply to NCAT to end the tenancy if they have participated in good
faith in the rent negotiation process and if its fair and reasonable in the circumstances for the tenancy to be
terminated. NCAT when considering applications may consider financial hardship of both tenant and landlord.
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Residential Tenancies Moratorium Application for rent negotiation (New South Wales)

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Completed 20 December 2021

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