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ARTICLE · 11 MAY 2020

Leasing frequently asked questions - about the Mandatory Code for Commercial Tenancies

The Code aims to provide a consistent national approach to complement each of the States and Territories' legislation.

AustraliaCoronavirus (COVID-19)

Q: What does a tenant demonstrate financial stress and hardship for eligibility to the National Code of Conduct?

A: The Code defines financial stress or hardship as a tenant's inability to generate sufficient revenue, as a direct result of the COVID-19 pandemic (including the government trading restrictions), that causes the tenant to be unable to meet its financial or contractual obligations (which includes its leasing obligations).

Eligibility for the JobKeeper Scheme is evidence of financial stress under the Code. Tenants can provide confirmation of their enrolment for the JobKeeper Scheme as evidence.

Where the tenant is not eligible for the JobKeeper Scheme, accounting or banking records that can show reduced income over the pandemic period to the extent that contractual obligations cannot be met would also demonstrate financial stress.

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances. Madgwicks is a member of Meritas, one of the world's largest law firm alliances.

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