Archive | March, 2020

Reports in the Age, the Herald Sun and the AFR about tenants being protected from eviction

March 26, 2020

0 Comments

The Age has published an article confirming that state governments are working on measures to protect home renters and small business owners whose businesses are closed by measures to combat the spread of Covid-19 here: https://www.theage.com.au/politics/federal/rental-rescue-for-business-tenants-to-be-protected-from-eviction-20200325-p54dvl.html The article says that: The measures would prevent landlords evicting tenants from both residential and commercial leases if those […]

Continue reading...

Tasmanian Government is debating a 120 day moratorium on terminating leases for non-payment of rent

March 25, 2020

0 Comments

The ABC has reported that the Tasmanian Government is debating a bill that would prevent landlords from terminating leases for non-payment of rent for a period of 120 days, with a possible extension of a further 90 days in exceptional circumstances.  It is intended to protect both residential and commercial tenants. Other measures are proposed, […]

Continue reading...

More Covid-19 materials

March 25, 2020

0 Comments

There are not as yet any Bills before the Victorian Parliament regarding rent relief for retail tenancies that we can find. Business Victoria has a helpful page on Coronavirus Business support and identifies the kinds of funds small businesses can access both from Federal and State Governments: https://www.business.vic.gov.au/disputes-disasters-and-succession-planning/illness-and-business-management-plan/coronavirus-business-support In the residential tenancies space, a recent article […]

Continue reading...

NSW retail legislation to prevent termination for non-payment of rent

March 25, 2020

0 Comments

I have been told that NSW passed legislation last night making changes to their Retail Leases Act 1994 (NSW) permitting regulations to be made to prohibit termination of leases and prevent enforcement of landlords’ rights.  No regs have been made as yet. This is consistent with the indications given by the Prime Minister a few days ago […]

Continue reading...

City of Geelong has reduced rent for its tenants

March 25, 2020

0 Comments

The City of Geelong has reduced rents for tenants of Council owned premises as part of a stimulus and support package.  The Council has waived rent for 6 months from 1 March 2020 for community and support groups within City owned land ad buildings and reduced rent by 50% for eligible commercial tenants in City […]

Continue reading...

The latest on cabinet meeting re rent relief

March 24, 2020

0 Comments

The latest news suggests that there will be no decision about rent relief announced by the government tonight. There are suggestions of a national cabinet meeting either tonight or tomorrow to discuss a halt on evictions and the ability of tenants to pay their rent over time. It is not clear at this stage whether […]

Continue reading...

Still no news from Government, but here are some articles on rent relief from the ABC…

March 24, 2020

0 Comments

For those following this issue closely, here are a couple of articles from the ABC about rent relief that were posted over the last few hours: https://www.abc.net.au/news/2020-03-24/renters-desperate-for-relief-as-jobs-disappear-coronavirus/12086080 https://www.abc.net.au/news/2020-03-24/coronavirus-rent-stress-grows-as-unemployment-bites/12085652  

Continue reading...

A recent UK Supreme Court case about frustration of leases – Canary Wharf (BP4) T1 Ltd v European Medicines Agency[2019] EWHC 335 (Ch)

March 24, 2020

0 Comments

My colleague Abilene Singh has written another casenote about a recent UK decision on the frustration of leases, which I have set out below.  The decision is not inconsistent with other recent cases referred to in earlier posts on this blog. Readers are particularly referred to Ms Signh’s ‘writer’s comments‘ at the end of her […]

Continue reading...

A link to another article on COVID-19 for landlords and tenants

March 24, 2020

1 Comment

My attention has been drawn to an excellent online article published by Adam Rinaldi from Piper Alderman covering a number of issues facing landlords and tenants in responses to COVID-19. The article is available here: https://piperalderman.com.au/insight/covid-19-the-legal-implications-for-landlords-and-tenants/

Continue reading...

Hong Kong case on frustration of a residential lease during SARS closure

March 24, 2020

0 Comments

Below is a summary of the Hong Kong case of Li Ching Wing v Xuan Yi Xiong [2004] 1 HKC 353 provided to me by my colleague, barrister Abilene Singh (her details are available here: https://www.vicbar.com.au/profile/9156). The case suggests that the prospects of success in arguing that a lease is frustrated by closures caused by […]

Continue reading...