Details about the Federal scheme for landlords and tenants after COVID-19

April 7, 2020


The Prime Minister has given us more details of the model for commercial landlords and tenants.

In summary:

  1. There is to be a mandatory code to be legislated state-by-state.
  2. The code will apply where the landlord or the tenant is eligible for JobKeeper (ie in financial distress) and has a turnover of $50M or less. It is intended to support small or medium sized landlords and tenants.
  3. Landlords must not terminate the lease or draw on a Tenant’s security.
  4. Tenants must honour the lease.
  5. Landlords must reduce rent proportionate to the trading reduction in Tenant’s business through a combination over the course of the pandemic period of rent waivers and rent deferrals.
  6. Waiver must account for 50% at least of the reductions provided to the Tenant.
  7. Deferrals must be covered over the balance of the lease term, with a minimum of 12 months (ie 3 years remaining on the lease means 3 years to repay; 6 months remaining on the lease means 12 months to pay).
  8. It will be overseen through a binding mediation process.
  9. The co-operation of the banks is expected.

That’s all the detail I can post at this stage.

We will need to see the details in the legislation of how the deferrals will work.

I will try to post the Prime Minister’s press release when I can find it.

The video of the Prime Minister’s speech is available here:

About Sam Hopper

Sam is a property and insolvency barrister.

View all posts by Sam Hopper


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