Residential Tenancy (Extension of Emergency Period) Order 2020 (TAS)

In the Residential Tenancy (Extension of Emergency Period) Order 2020, the Minister for Building and Construction, Elise Archer, exercised powers under the Residential Tenancy Act 1997 to extend the emergency period for residential tenancies in Tasmania. The extension was implemented to address the impacts of the COVID-19 pandemic on the residential tenancy market. The decision was made in the context of the need to support both landlords and tenants during a period of significant economic and social disruption.

The primary legal issue before the court was whether the Minister had the authority to extend the emergency period under section 3A(1) of the Residential Tenancy Act 1997. The court considered the statutory framework and the Minister's discretion to make such an order, focusing on the necessity of the extension to protect the interests of both landlords and tenants during the ongoing public health crisis. The court also examined whether the extension was proportionate and aligned with the objectives of the Act, particularly in ensuring stability and fairness within the residential tenancy market.

The court determined that the Minister had the authority to extend the emergency period under the Act, as the statutory provisions provided for such extensions in exceptional circumstances. The Minister's decision was deemed reasonable and proportionate, given the extraordinary circumstances posed by the COVID-19 pandemic. The court upheld the order, finding it to be a necessary measure to support the residential tenancy market and protect the interests of both landlords and tenants during a period of significant economic and social disruption.

The final order extended the emergency period for residential tenancies in Tasmania to 30 September 2020. The order was effective from the date of its notification in the Gazette, which was 30 June 2020. The extension aimed to provide continued protection and stability to the residential tenancy market amidst the ongoing public health crisis.