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ARTICLE · 20 APRIL 2020

A clear framework for negotiations: SME Commercial leasing principles code of conduct update (Part 1)

The Code intends landlords to agree on temporary arrangements for each tenancy, based on good-faith leasing principles.

AustraliaFinance and Banking

The Federal Government announced this week a SME Commercial Leasing Principles Code of Conduct ("the Code") to assist tenants with loss of revenue as a result of the COVID-19 pandemic. The Code intends that landlords will agree on temporary arrangements for each tenancy based on good-faith* leasing principles and proportionality.

Since the COVID-19 crisis escalated last month, many tenants had already commenced negotiations with landlords regarding rent reductions but now the Code gives the parties a clear framework going forward with these negotiations.

Who does the Code apply to?

The Code applies to commercial tenants with an annual turnover of $50 million or less who have experienced a 30% or greater loss in revenue and where the tenant is participating in or will participate in the JobKeeper Program.

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