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ARTICLE · 20 APRIL 2020

Mandatory code of conduct – SME commercial leasing principles

The Code of conduct must be applied when negotiating amendments to existing arrangements for commercial tenancies.

AustraliaCoronavirus (COVID-19)

On 7 April 2020, Prime Minister Scott Morrison announced the National Cabinet's new Code of Conduct for commercial tenancies. The Code will become law once it is enacted by each of the States and Territories shortly.

The Code imposes a set of leasing principles, which must be applied when negotiating amendments to existing leasing arrangements for certain tenancies.

The objective of the Code is to share, in a proportionate, measured manner, the financial risk and cashflow impact during the COVID-19 pandemic. Landlords and tenants are encouraged to tailor their agreement to their particular situation (noting some tenants have obviously been harder hit than others), to ensure businesses can recover on the other side of this crisis.

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