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ARTICLE · 17 SEPTEMBER 2020

COVID-19 and commercial leases

Flow charts will assist parties to a commercial lease in understanding how these new regulations may impact them.

AustraliaReal Estate and Construction

Shortly after the World Health Organisation declared COVID-19 a pandemic, the South Australian government introduced temporary measures to assist those who were experiencing financial hardship due to the pandemic, including certain commercial tenants. 

There have been several rounds of changes to these temporary protection measures in South Australia.  The currently applicable measures are set out by the COVID-19 Emergency Response (Commercial Leases No 2) Regulations 2020 ('the Regulations'). 

From 30 March 2020 to 30 September 2020, the Regulations are deemed to apply to all commercial leases in South Australia.  This includes all extensions or renewals of commercial leases occurring after 30 March 2020, provided that they are on substantially the same terms as the earlier lease.  However, the Regulations do not apply to new leases entered into after 30 March 2020. 

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