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Hi,
COVID-19 has placed unprecedented pressure on real estate agents in respect of managing tenancies. To assist you through this period and help you maintain a healthy balance between a Landlord's requirements and a Tenant's reduced ability to meet rental payments we have created two new forms for both residential and commercial tenancies.
Agreement for Variation to Tenancy Agreement/Lease
Where a tenant's ability to meet their rental payments has been impacted by unexpected hardship (eg. Loss of income due to COVID-19 related issues) this agreement allows you to help a Landlord negotiate a moratorium on all or part of a tenant's rental payments. Using the agreement, the landlord and tenant can agree to reduce rental payments for a specified period and where the landlord cannot afford to bear the full extent of the loss of income, agreement can be reached for the tenant to repay all or part of the rental reduction.
Note: This form may be used in any situation where the tenant is experiencing hardship and is in need of assistance to maintain occupancy of the rental premises.
Repayment Agreement
Where an Agreement for Variation to Tenancy Agreement/Lease has been entered into between a landlord and tenant and in that agreement it has been agreed that the tenant will repay all or part of any rent reduction, the Repayment Agreement can be used in conjunction with the Variation Agreement to outline the repayment schedule.
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These agreements have been designed to better enable a landlord and tenant to come to agreement on the best rent reduction and/or repayment plan to minimise the financial impact on both parties.
Under current legislation there is nothing that negates the right of the landlord to recover all or part of any rent reduction agreed to, however we encourage a responsible and fair approach to how much of any rent reduction is required to be repaid in these uncertain times.
For more information about your responsibilities during this COVID-19 period please click on the links below.
Residential Tenancies
Commercial Tenancies
https://www.legislation.nsw.gov.au/regulations/2020-147.pdf
We at ADL understand that COVID-19 Government response will be a moving target over the coming weeks and/or months and we will make our best endeavours to respond accordingly where our forms are affected.
Thanks for your continued support.
1. We have also implemented changes to the Notice of Termination for residential tenancies, released into ADLForms on 22nd April, in line with requirements under the Residential Tenancies Amendment (COVID-19) Regulation 2020.
The revised Notice of Termination, which will remain in force for the COVID-19 Moratorium Period (Currently six (6) months), has had relevant notice periods changed in line with Regulation 41D and provides explanatory notes in respect of serving notice on a COVID-19 Impacted Tenant (Reg 41C(2)). Click on the link below to view the Regulation:
https://www.legislation.nsw.gov.au/regulations/2020-147.pdf
2. Updating ADLForms
ADLForms should automatically update to allow access to the new forms and the latest version of the software (9.6.0) when you first open ADLForms today. If this does not occur then:
- Click the 'Update' button from the main menu of the program. Please allow a few minutes for the forms and/or program to download and install.
- If this fails to update your forms then:
- Select Tools -> 'Re-initialise ADLForms’ from within the Main Menu of the ADLForms program. This will close the program.
- Restart ADLForms and click the 'Update' button.
- If you still do not have the updated forms click here to download and re-install ADLForms.
- If all the above do not result in a successful forms and program update please contact our tech support team for assistance.
Click on the link below to:
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