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 […]

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 […]

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 […]

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 […]

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  

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 […]

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/

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 […]

This issue continues to generate comments and feedback.  If you are following this issue, please note the following: Frustrated contract are dealt with in part by Part 3.2 of the Australian Consumer Law and Fair Trading Act 2012 (Vic), which will, presumably, also apply to leases.  The legislation addresses the consequences of frustration and the allocation […]

A few people have commented on last night’s post and it is worth pointing out the following: Tenants should be advised to check for business interruption insurance to see if these events are covered. Apparently the Morrison government will be discussing tenancy legislation at the national cabinet meeting on Tuesday night.  I’ll report on any […]