Hardship considerations
If you’re having problems paying the rent or instalments on State land you lease or licence under the Land Act 1994, you can apply for hardship consideration.
To be eligible, you need to meet certain criteria which are set out in the Act.
- Residential hardship concession
- Deferral of rent and instalments for hardship
- How to apply
- Further information
Residential hardship concession
The residential hardship concession applies only to leases. To be eligible, you must be using the lease exclusively for your own residential purposes.
To be eligible, one of the following must apply to you.
- You must hold, or be entitled to hold, a Commonwealth concession card.
- The net value of the lease must constitute a significant proportion of the net value of all property you own.
- Your annual rent or instalment payment for the lease is a significant proportion of your annual income.
An application for reduction of rent or instalment can be made at any time during the term of lease.
Application for reduction of rent or instalment can apply only if you hold a term, perpetual or some freeholding leases. To determine if your freeholding lease qualifies for a reduction contact the nearest DERM business centre.
If you hold a licence or permit you are not eligible to apply.
If your financial circumstances improve, your concession may be cancelled or amended for future rental periods. If you transfer the lease, the concession is cancelled from the day of the transfer.
- Fact sheet—Reduction of rent or instalment (PDF, 73K)*
Deferral of rent and instalments for hardship
If you hold a term, perpetual or freeholding lease, a road licence or an occupation licence, and are experiencing financial hardship, you can apply for deferral of rent and instalment payments. This consideration does not apply if you hold a permit.
If you are assessed as eligible, you may be allowed to defer (pay later) rent or instalments for the rental period. However, you will have to pay interest on any deferred rent or installments—currently at a rate of two per cent per annum.
For you to be considered eligible, the Minister administering the Land Act 1994 must be satisfied that you are suffering financial hardship because of:
- the effects of drought, flood, fire, disaster
- economic recession; or
- a severe downturn in the level of markets related to the purpose of the lease.
The department's policy on rent and instalment payments details how this is determined.
If a lease or licence is transferred, a deferral of rent or instalments stops from the day of the transfer settlement.
Fact sheet—Application for deferral of rent or instalment (PDF, 73K)*
How to apply
To apply, you need to:
- complete Application form Part A (PDF, 69K)* and
- complete an Application for reduction of rent or instalment (PDF, 172K)*, or an Application for deferral of rent or instalment (PDF, 94K)*, whichever is applicable
- pay the prescribed application fee
- send your application to the business centre closest to the lease.
All information you provide will be treated as strictly confidential.
Further information
If you have any questions regarding these hardship considerations, please contact your nearest business centre and ask for the senior land officer.
* Requires Adobe Reader
Last updated 2 June 2011