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ARTICLE · 22 APRIL 2020

How does coronavirus affect your retail, residential or commercial lease?

Basic principles of leasing law & discussion that there should be a cooperative effort to share financial pain during COVID-19.

AustraliaReal Estate and Construction

One notable aspect of the effects of the coronavirus is that, because of the inevitable interconnectedness of our society, many response measures aimed at helping some particular group have a negative effect on another. The impact on residential and commercial lease agreements is a case in point.

Impact on landlords of laws preventing evictions

An obvious example is the proposal to protect from eviction – at least for a limited time – tenants unable to pay rent because they have lost their income. So the landlord loses rental income, and is denied the usual remedy of removing the defaulting tenant, and getting a replacement who will pay.

Some such landlords may be substantial commercial entities with some capacity, temporarily, to absorb losses of this kind; and perhaps to access some other provision of the Australian government's economic response package. But others may be self-funded retirees whose principal retirement income is derived from property rental.

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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