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ARTICLE · 13 MAY 2020

Valuer and retail leases update: COVID-19 leasing regulations update

Information that a tenant should provide to a landlord in support of a claim for rent relief under new regulations.

AustraliaReal Estate and Construction

The COVID-19 Omnibus (Emergency Measures) (Commercial Leases and Licences) Regulations 2020 (the Regulations) have been in force for a week now.

One question that is arising from landlords and tenants, is what information a tenant should provide to a landlord in support of its claim for rent relief.

Based on the Regulations, the following information should be provided:

  1. A written request for rent relief by the tenant;
  2. A statement that the tenant has an eligible lease, meaning that the lease was in place on 29 March 2020 and the tenant is not part of a group whose turnover exceeds $50m annually;
  3. The tenant is a SME, effectively meaning that the tenant's turnover is less than $50m annually;

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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. Madgwicks is a member of Meritas, one of the world's largest law firm alliances.

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