Consumer Protection has urged tenants and landlords to contact it for advice about rental rights and responsibilities, particularly in relation to termination notices and evictions.
The Agency said that with COVID-19 emergency rental laws ended and with low vacancy rates impacting the residential tenancies market, the community could seek assistance from Consumer Protection’s dedicated advisors to understand protections under existing tenancy legislation.
Commissioner for Consumer Protection, Lanie Chopping said landlords and tenants should act and negotiate in good faith to agree on reasonable and workable tenancy arrangements.
“There are penalties in place for changing locks or taking possession of a rental property without a court order,” Ms Chopping said.
“While there may be a period of uncertainty following the end of the emergency period on 28 March, this is not an excuse for landlords to break the law relating to evictions.”
She said landlords, property managers and real estate agents should be well aware that there were clear processes that needed to be followed to lawfully terminate a tenancy, and eviction processes to be followed if a tenant did not vacate.
“Any tenant who is being forced out illegally has rights,” Ms Chopping said.
“If a landlord is making threats, being physically intimidating or forcefully entering a property, tenants should, in the first instance, immediately contact the police. Tenants should also report the matter to Consumer Protection.
“Tenants who are unsure of their rights should contact Consumer Protection for advice and they definitely need to get in touch for assistance if they are faced with unlawful demands to vacate their rental property.”
Ms Chopping said a landlord or property manager was not permitted to change locks, turn off the electricity, gas or water, or take any other action to force a tenant out of the property unless authorised by a court order.
“A consent order issued by Consumer Protection’s Residential Tenancies Mandatory Conciliation Service is not a court order but can be enforced in court,” she said.
“If a tenant believes they are likely to suffer hardship as a result of an eviction, they can ask the magistrate for the termination order to be suspended for up to 30 days.”
