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ARTICLE · 18 AUGUST 2021

COVID-19 leasing law changes in NSW

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Overview of recent update of COVID leasing laws in NSW.

AustraliaReal Estate and Construction
Bede Haines
Bede Haines
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Following our previous discussion on new COVID-19 leasing laws in NSW, the NSW Government has recently updated its COVID-19 leasing laws - Retail and Other Commercial Leases (COVID-19) Amendment Regulation 2021 (Regulation) - effectively reintroducing the 2020 laws.

The updates include landlords and tenants having renegotiations, the National Code of Conduct (Code) applying, and, as per the Code, rent reduction being split, at a minimum, between 50 per cent deferral and 50 per cent waiver.

What does the Regulation entail?

  • The Regulation applies to leases before 26 June 2021, including options exercised after this time but where the original lease is pre-26 June 2021.
  • The prescribed period runs from 13 July 2021 to 22 January 2022.

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This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.

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