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ARTICLE · 03 MAY 2021

Commercial leases in the aftermath of COVID-19

Bartier Perry Solicitors
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The relief and protections afforded to retail and commercial tenants by COVID-19 regulations is no longer available.

AustraliaCoronavirus (COVID-19)
Adam Cutri
Adam Cutri
Melissa Potter
Melissa Potter
Gabrielle Ellis (Formerly With Bartier Perry)
Gabrielle Ellis (Formerly With Bartier Perry)
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On 28 March 2021, the operation of the Retail and Other Commercial Leases (COVID-19) Regulations 2020 (Regulations) came to an end.

This means that the relief and protections afforded to retail and commercial tenants by the Regulations is no longer available.

However, this has opened up a whole other layer of complexities for parties to consider when dealing with retail and commercial premises over the next 12 to 24 months.

The Past - the Code and the Regulations

The National Cabinet Mandatory Code of Conduct ("the Code") was introduced on 7 April 2020 - see our earlier article: Mandatory Code of Conduct - SME Commercial Leasing Principles

The purpose of the Code was to create a set of good faith leasing principles against which landlords and tenants could renegotiate their leases to assist the tenant through the period of the COVID-19 pandemic.

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