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ARTICLE · 02 MAY 2020

Mandatory national commercial tenancy code of conduct: Victorian implementation

The Code will apply to retail, office and industrial tenancies suffering financial stress or hardship from COVID-19.

AustraliaReal Estate and Construction

Introduction

Just before the Easter Break on 7 April 2020, the National Cabinet agreed for the mandatory commercial tenancy code (the Code) to be legislated in each state and territory jurisdiction. While no state or territory has specifically enacted all of the provisions of the Code, the Victorian Government has today announced that urgent legislation will be introduced into Parliament on Thursday 23 April 2020 to implement the Code. We are expecting that the principles in the Code will have legal effect shortly afterwards.

The Victorian Government has also announced a range of measures which expand on the principles in the Code, including that:

  • Commercial tenants and landlords who struggle to strike a deal over rent reductions will be given access to a fast-tracked dispute resolution service, with the Victorian Small Business Commission mediating to ensure fair agreements are reached.

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