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ARTICLE · 26 OCTOBER 2020

NSW Government extends COVID-19 leasing protections

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The COVID-19 retail and commercial leasing protections and relief in NSW are extended until 31 December 2020.

AustraliaReal Estate and Construction
Bede Haines
Bede Haines
Sam Darwish
Sam Darwish
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The NSW Government previously announced extending COVID-19 retail and commercial leasing protections and relief, read our discussion here. Today it did so, see here. In summary:

  • the regulation commences 24 October 2020 and extends the 'prescribed period' to 31 December 2020
  • the regulation operates until 25 April 2021, meaning the prescribed period can easily be extended again
  • the current COVID-19 laws are repealed. However, events under those laws continue to operate under this regulation. This is important - it preserves the integrity of agreements already entered and may prevent tenants seeking further relief
  • the regulation only applies to leases entered before 24 April 2020, and not to new leases (but 'new leases' exclude option leases)

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