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Amendment (Moved by Labor) - Amendments in relation to issuing a rent arrears payment order.
Thursday, 24 September 2020 - Bill, Residential Tenancy Amendment (COVID-19) Bill 2020

Amendment

In proposed Section 24A:

(1) In subsection (4) by leaving out the word “may” and inserting instead the words “is to”;

(2) In subsection (4) (b) by inserting the words “or is experiencing” after the words “has experienced”; and

(3) In subsection (4) (c) by inserting the words “or is reasonably likely to have” after the word “has”.

Supported

Greens, Labor

Opposed

Hickey, Liberals, Ogilvie

Amendment Negatived

 

 

Amendment (Moved by Labor) - Amendments in relation to matters to be considered in issuing a rent arrears payment order.
Tuesday, 13 October 2020 - Bill, Residential Tenancy Amendment (COVID-19) Bill 2020

Amendment

In proposed Section 24A, to insert the following new subsections after subsection (5):

“(6) In determining the details of a schedule of a rent arrears payment order under subsection (5)(b), and any conditions to which the order is subject under subsection (5)(c), the Commissioner is to –

Have regard to the financial position of the owner; and Have regard to, if the tenant attempted to enter negotiations with the owner to have the rent payable reduced while they were experiencing financial hardship, whether the owner acted reasonably and in good faith during those negotiations; and Have regard to whether the rent is reasonable, with regard to the general level of rents for comparable residential premises in the locality or a similar locality; and If at all possible, avoid placing the tenant in rental stress; and Any other relevant matter.

(7)  For the purposes of subsection (6) rental stress is defined as circumstances in which a residential tenant is not reasonably able to afford basic necessities of life other than rent including but not limited to food, health care and education.

(8)  For the purposes of section 24A(1), a reference to a rent arrears payment order also includes the varying of a rent arrears payment order.”

Supported

Greens, Labor

Opposed

Hickey, Liberals, Ogilvie

Amendment Negatived

 

 

Amendment (Moved by Labor) - Amendment to provide further detail around termination of lease due to rent arrears order contravention.
Tuesday, 13 October 2020 - Bill, Residential Tenancy Amendment (COVID-19) Bill 2020

Amendment

New Clause A to follow Clause 9 was brought up by Ms Standen and read the First time as follows:

“A          Section 45 Amended

Section 45 of the Principal Act is amended as follows:

In subsection (3), after subparagraph (ca), to insert the following new subparagraph:

(cb)        where the notice to vacate is served on the grounds of failure to pay rent and the arrears to which the notice to vacate relates are arrears in rent to which a rent arrears payment order made under section 24A relates:

(i)           if a condition of the rent arrears payment order has been contravened, that the contravention in all the circumstances justifies terminating the agreement; or

(ii)          if each part of the total amount of rent in arrears, that is required under the rent arrears payment order to be paid within a period, specified in the order, that has expired and has not been paid before the end of that period, that the failure to comply in all the circumstances justifies terminating the agreement; and”

Supported

Greens, Labor, Ogilvie

Opposed

Hickey, Liberals

Amendment Negatived

 

 

Third Reading (Moved by Liberals) - Bill passed House without amendment or division.
Tuesday, 13 October 2020 - Bill, Residential Tenancy Amendment (COVID-19) Bill 2020


Third Reading Passed