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ARTICLE · 20 MARCH 2020

Landlord and Tenant considerations through the coronavirus outbreak

Landlords and tenants should be regularly checking their lease documents for clauses relating to infectious diseases.

AustraliaReal Estate and Construction

The recent outbreak of COVID-19 worldwide has seen countries, communities, businesses and individuals being forced to navigate through a myriad of advice in assessing the risk of the outbreak and putting in place risk management measures to deal with the outbreak. The potential business disruption from the outbreak cannot be underestimated at any level.

We consider below some scenarios relevant to landlords and tenants in light of the COVID-19 outbreak.

1. Do landlords or tenants have any reporting obligations under their leases?

It is common to see leases include a provision dealing with infectious disease.

From a tenant's perspective, these clauses usually require a tenant to give prompt notice of an infectious disease to a landlord (whether it has actually occurred or whether there is a reasonable ground of it occurring) and also comply with all requirements of a landlord in relation to the infectious disease.

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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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