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ARTICLE · 19 MAY 2020

Commercial Tenancies (COVID-19 Response) Act 2020 (WA)

On 24 April 2020, the Western Australian Parliament passed the Commercial Tenancies (COVID-19 Response) Act 2020 (WA) (the Act).

AustraliaReal Estate and Construction

On 24 April 2020, the Western Australian Parliament passed the Commercial Tenancies (COVID-19 Response) Act 2020 (WA) (the Act). The Act modifies Western Australian law in respect of commercial leases to assist tenants suffering financial distress as a result of the current economic downturn due to the COVID-19 pandemic.

Application of the Act

The Act applies to small commercial leases which include:

  1. retail shop leases as defined in section 3(1) of the Commercial Tenancy (Retail Shops) Agreements Act 1985 (WA);
  2. leases where the tenant owns or operates a small business and uses the leased premises for carrying on that business;
  3. leases where the tenant is an incorporated association; and

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