Version: Rev. 4.0 11.11.2021
1. Application and acceptance of Terms and Conditions
1.1 The NSW Department of Customer Service (“DCS”) is delivering the Residential Tenancy Support Package (“the Package”) to support tenants and landlords impacted financially by the COVID-19 pandemic. As part of the Package, tenants who cannot meet their rent payments will be protected from eviction during a moratorium period commencing on 14 July 2021 and expiring at the end of 11 November 2021 (“the Moratorium Period”). Also as part of the Package, landlords can apply to receive the Residential Tenancy Support Payment (“Payment”) which is a lump sum payment of up to $4,500.00 per residential tenancy agreement. The Payment will be available to landlords who reduce the rent payable by tenants impacted financially by COVID-19 from 14 July 2021. The rent reduction can run longer than the Moratorium Period (i.e. beyond 11 November 2021) if the tenant and landlord agree.
1.2 From 11 November 2021, an application for a Payment to a landlord may also be made by a tenant who is party to the relevant residential tenancy agreement. Although a tenant may make an application for a Payment, the tenant makes that application on the understanding that the tenant will not receive the Payment, and instead the Payment, if approved, will be received by the landlord (or the landlord’s agent, on the landlord’s behalf).
1.3 The amount that may be claimed in respect of any given residential tenancy agreement is capped at the total amount of rental payments waived since 14 July 2021, or $4,500.00, whichever amount is the lesser. Landlords may make more than one application for a Payment, however the total amount of any Payments received or applied for in respect of the same residential tenancy agreement must not exceed the total amount of rental payments waived since 14 July 2021, or $4,500.00, whichever amount is the lesser. A tenant is not entitled to make more than one application for a Payment. A tenant is not entitled to make an application for a Payment if they are not an impacted tenant.
1.4 A landlord who has received a Payment cannot ask a tenant to repay the amount of the rent reduction. Also, a landlord cannot receive or take the benefit of both a Payment and the 2021 land tax COVID-19 relief for landowners. For the purpose of considering an application for a Payment, DCS will need to be satisfied that there is a residential tenancy agreement in place between the landlord and the tenant, as evidenced by a lodged rental bond or written agreement.
1.5 Payments will be made as act of grace payments under section 5.7(1) of the Government Sector Finance Act 2018 (“GSF Act”). The conditions in clause 4.1 of this document are the conditions that will be imposed by the Minister or the Minister’s delegate on deciding to make a Payment, pursuant to section 5.7(2) of the GSF Act. If a condition in clause 4.1 is contravened by a Recipient of a Payment, the amount of the Payment may be recovered from the Recipient by the Crown in a court of competent jurisdiction as a debt due to the Crown, pursuant to section 5.7(3) of the GSF Act.
1.6 Subject to future amendment, these Terms and Conditions apply to applications made, and Payments approved in response to applications made, on or after, but not before, 11 November 2021. By applying to receive a Payment, the Applicant agrees to be bound by these Terms and Conditions. If the Applicant is a tenant, the Applicant agrees to be bound by these Terms and Conditions except insofar as these Terms and Conditions apply only to a Recipient.
2. Definitions and interpretation
2.1 In these Terms and Conditions, unless the context otherwise requires:
- “Applicant” means a person who makes an application for a Payment.
- “DCS” means the NSW Department of Customer Service.
- “GSF Act” means the Government Sector Finance Act 2018 (NSW).
- “Impacted tenant” has the same meaning as in Part 6A of the Residential Tenancies Regulation 2019 (NSW) as it applied on 14 July 2021.
- “Landlord” has the same meaning as in section 3(1) of the Residential Tenancies Act 2010 (NSW).
- “Landlord’s agent” has the same meaning as in section 3(1) of the Residential Tenancies Act 2010 (NSW).
- “Land Tax Benefit” means the NSW Government’s 2021 land tax COVID-19 (1 July 2021 to 31 December 2021) relief announced on 14 July 2021 and administered by Revenue NSW.
- “Minister” means the Minister for Customer Service.
- “Moratorium Period” means the period from 14 July 2021 to the end of 11 November 2021 during which tenants who cannot meet their rent payments will be protected from eviction.
- “Package” means the NSW Government Residential Tenancy Support Package.
- “Payment” means the NSW Government Residential Tenancy Support Payment.
- “Recipient” means a landlord in respect of whom the Minister or a delegate of the Minister has authorised the making of a Payment under section 5.7 of the GSF Act.
- “Residential tenancy agreement” has the same meaning as in section 13 of the Residential Tenancies Act 2010 (NSW).
- “Tenant” has the same meaning as in section 3(1) of the Residential Tenancies Act 2010 (NSW).
- “Terms and Conditions” means these Terms and Conditions for the Payment.
2.2 Unless the context requires otherwise, the singular includes the plural and vice versa, reference to a gender includes all genders, reference to “person” includes a natural person, company, body corporate or other form of legal entity, and reference to “including” and “includes” and “for example” is to read as if followed by “without limitation”.
2.3 If a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning.
3. Eligibility
3.1 A landlord may be eligible to receive a Payment if:
(a) The landlord is a party to a residential tenancy agreement with one or more impacted tenant(s);
(b) The landlord has reduced or has agreed to reduce the rent payable by the impacted tenant(s) from 14 July 2021 ;
(c) The landlord has not claimed the Land Tax Benefit attributable to the parcel of land leased to the impacted tenant; and
(d) The total amount of any Payments already received or applied for in respect of the same residential tenancy agreement does not exceed the total amount of rental payments waived since 14 July 2021, or $4,500.00, whichever amount is the lesser.
3.2 An application for a Payment may be made by a landlord, a landlord’s agent, or a tenant. A tenant:
(a) is not entitled to make more than one application for a Payment;
(b) is not entitled to make an application for a Payment if they are not an impacted tenant; and
(c) makes an application for a Payment on the understanding that they will not receive the Payment, and instead the Payment, if approved, will be received by the landlord (or the landlord’s agent, on the landlord’s behalf).
3.3 Information provided by an Applicant in an application for a Payment must not be false or misleading. It is a serious offence to provide false or misleading information to a public authority.
3.4 Notwithstanding any other provision in these Terms and Conditions, DCS may refuse to grant an application for a Payment for any reason, including if the landlord does not meet the eligibility criteria in clause 3.1.
3.5 Notwithstanding any other provision of these Terms and Conditions, DCS may make enquiries and exchange information with other NSW government agencies, or other States, Territories and/or the Commonwealth for the purpose of determining an application for a Payment, or for the purpose of ensuring that persons who are granted a Payment are not also granted the Land Tax Benefit, or for related purposes. DCS may disclose the personal information of the landlord or the landlord’s agent for those purposes.
3.6 A person to whom these Terms and Conditions apply may be audited or investigated by DCS to determine whether the person has complied or is complying with these Terms and Conditions. The person must provide any information or documentation that is reasonably required for the purpose of any such audit or investigation.
4. Conditions of Payment
4.1 Any Payment authorised by the Minister or the Minister’s delegate is subject to the following conditions:
(a) The Recipient must ensure that the total amount of rent payable by the tenant(s) from 14 July 2021 pursuant to the residential tenancy agreement to which the Payment relates, is reduced by an amount not less than the amount of the Payment ("rental payments waived").
(b) The Recipient must not make any further application for a Payment in respect of the same residential tenancy agreement if the amount claimed by the further application, when added to the total amount of any Payments previously received by the Recipient or applied for in respect of the same residential tenancy agreement, would exceed the total amount of rental payments waived since 14 July 2021, or $4,500.00, whichever amount is the lesser.
(c) The Recipient must not, in respect of any Payments received by the Recipient or applied for in relation to the same residential tenancy agreement, receive or take the benefit of an amount in excess of the total amount of rental payments waived since 14 July 2021, or $4,500.00, whichever amount is the lesser.
(d) The Recipient must notify DCS within seven (7) days of becoming aware that the Recipient has, in respect of any Payments received by the Recipient or applied for in relation to the same residential tenancy agreement, received or taken the benefit of an amount in excess of the maximum amount they are entitled to, in contravention of clause 4.1(c).
(e) The Recipient must repay to the Crown any amount the Recipient has, for any reason (including by mistake), received or taken the benefit of in contravention of clause 4.1(c).
(f) The Recipient must not apply for, claim, receive or otherwise take the benefit of the Land Tax Exemption in respect of the parcel of land leased under the residential tenancy agreement to which a Payment relates.
(g) The Recipient must not request, require, demand or otherwise attempt to recover from a tenant the amount of any rental payments waived in accordance with clause 4.1(a).
(h) The Recipient must take all reasonable steps to ensure that the conditions in clauses 4.1(a)–(g) (as applicable) are or have been satisfied at all relevant times.
4.2 The conditions in clause 4.1 are the conditions that will be imposed by the Minister or the Minister’s delegate on deciding to make a Payment, pursuant to section 5.7(2) of the GSF Act.
4.3 This clause does not limit or otherwise affect the power of the Minister or the Minister’s delegate in section 5.7(2) of the GSF Act to impose additional or different terms and conditions in respect of any particular Payment.
5. Recovery of Payment
5.1 If a Recipient has received a Payment and DCS is satisfied that any of the conditions in clause 4.1 which apply to the Payment, or any other terms and conditions imposed by the Minister on the Payment, were or have been contravened, the payment may be recovered from the Recipient by the Crown in a court of competent jurisdiction as a debt due to the Crown pursuant to section 5.7(3) of the GSF Act.
6. Suspension or termination of the Package
6.1 Notwithstanding any other provision of these Terms and Conditions, DCS may, at its absolute discretion, suspend or terminate the entirety or any part of the Package at any time and for any reason, including suspending or terminating the provision of the Payments.
6.2 Any action taken to suspend or terminate the Package will be notified on the NSW Fair Trading website.
7. Limitation of liability
7.1 To the extent permitted by law, DCS (including its officers, employees and agents) will not be liable for any direct, indirect, incidental, special or consequential loss or damage or for any death, illness, personal injury, financial loss or property damage however caused (including by negligence) which may be suffered or incurred by a landlord, landlord’s agent, tenant or any other person arising directly or indirectly out of or in any way connected with the Package, including:
(a) the unavailability of the Payment,
(b) any breach of these Terms and Conditions, or
(c) any decisions made to refuse an application for a Payment or to suspend or terminate the Package.
8. Indemnity
8.1 The Recipient agrees to indemnify and keep indemnified DCS (including its officers, employees and agents) (“those indemnified”) from and against any liability or loss (including reasonable legal costs and expenses) which may be suffered or incurred by any of those indemnified by reason of or in connection with the application for and receipt of the Payment.
8.2 A reference to “Recipient” in clause 8.1 includes the Recipient of a Payment which has been repaid to the Crown by the Recipient or which has been recovered from the Recipient by the Crown in a court of competent jurisdiction as a debt due to the Crown.
9. Contact
9.1 Any enquiry about the process or progress of an application is to be directed to Service NSW via NSW Services Centres or by calling 13 77 88.
9.2 Any complaint about the decision or handling of an application is to be lodged in writing with NSW Fair Trading by completing an enquiry form on its website.
10. General
10.1 A person to home these Terms and Conditions apply is responsible for obtaining their own independent legal and financial advice regarding these Terms and Conditions.
11. Variation
11.1 DCS may amend, vary, delete or supplement these Terms and Conditions at any time by publication on the NSW Fair Trading website.
12. Waiver
12.1 No failure or delay by DCS in exercising any right under these Terms and Conditions will operate as a waiver of those rights.
13. Severability
13.1 If any part of these Terms and Conditions is prohibited, void, voidable, illegal or unenforceable for any reason, then that part is severed from these Terms and Conditions but without affecting the continued operation of the remaining Terms and Conditions.
14. Governing Law
14.1 These Terms and Conditions are governed by, and must be interpreted in accordance with, the laws in force in New South Wales. A person to whom these Terms and Conditions apply and DCS submit to the exclusive jurisdiction of the courts of New South Wales and any court competent to hear appeals from those courts.
15. Survival
15.1 Clauses 4, 5, 7 and 8 contain continuing obligations and will survive termination of these Terms and Conditions.