Yes,  they can still issue termination notice to tenants if they are not impacted by COVID-19. 

The new laws allow landlords, after the 60-day stop, to seek to terminate a COVID-19 impacted tenancies for rental arrears but this can only occur  if they have tried to negotiate a rent reduction with the tenant in good faith and seeking a termination is fair and reasonable in the circumstances of the specific case.

What proof does a tenant need to show they are impacted by COVID-19?

The tenant can provide simple documents to show that they are impacted by COVID-19, for example:

• complete an application form specifying details of their current circumstances 

• proof of job termination/stand-down, or loss of work hours

• proof of Government income support

• proof of prior income.

What happens once interim 60 day stops?

Once the intermin 60 day stop has ended, a tenant(s) who is still unable to meet their rental obligations due to COVID-19 can only have their tenancy terminated on the basis of rental arrears if the landlord has attempted to negotiate reduced rent in good faith but the tenant has failed to do so.

Please refer to the NSW Residential Tenancies Amendment (COVID-19) Regulation 2020 under the Residential Tenancies Act 2010 below.