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Extension Announced To Covid-19 Rent Relief Provisions

The State Government has elected to extend COVID-19 rent relief provisions for eligible commercial tenants to 28 March 2021.

This sparks welcome relief for tenants that continue to suffer adverse effects of the COVID-19 pandemic on their business but has equally been considered a hindrance to landlords looking forward to ‘business as usual’ in 2021.

Under the original provisions of the COVID-19 Omnibus (Emergency Measures) Act 2020 and the COVID-19 Omnibus (Emergency Measures)(Commercial Leases and Licences) Regulations 2020, eligible tenants were provided rent relief up to the end of 2020, a date that was initially extended from the end of September 2020.

Critically, tenants must re-apply to their landlord for rent relief in 2021. Tenants that are under the erroneous assumption that the relief continues automatically are set to miss out on rent relief from 1 January 2021 to whenever they make a fresh request this year. Depending on the rent amount of the tenancy, the relief could be significant.

If you continue to be an eligible tenant, you should apply immediately for rent relief if you have not already done so. Equally, landlords, be aware of your rights to demand full rent and outgoings in this year until the tenant has provided you with adequate notice under the legislation.

As the devastating effects of the COVID-19 pandemic continue, it is critical that you understand your rights as either a landlord or a tenant in the commercial setting. Our commercial and property teams at Burke & Associates Lawyers have experience acting for both Landlords and Tenants in these arrangements and we welcome the opportunity to assist you in this regard.

If you have any questions on the above information or you require assistance, please do not hesitate to contact our Commercial and Property Teams at Burke & Associates Lawyers. We would welcome the opportunity to assist you.

Insight written by Stewart Davis

Contacts

Meghan Warren

Principal

Meghan Warren

Principal
LL.B GAICD B.Bus (FinPlan)
Meghan is one of the few lawyers in Australia admitted in the State (Victoria) and Federal jurisdictions of Australia, and as an Attorney at Law to the New York State Bar in the United States.

Kristy Muhlhan

Principal

Kristy Muhlhan

Principal
LL.B (HONS) GRAD DIP. L.P., GAICD.
Since 2014, she has been an owner and Principal of the firm and has mastered a broad range of essential commercial and business skills which go hand in hand with the work she does for...

Rosy Roberts

Principal

Rosy Roberts

Principal
LL.B (Hons) B.A GAICD
Rosy has extensive experience in Litigation & Alternative Dispute Resolution having represented clients in all Victorian State Courts and the High Court of Australia. She is also a VCAT appointed Administrator.

Anthony Burke

Consultant

Anthony Burke

Consultant
B.A LL.B DIP.FIN. MGT
Tony is an LIV accredited business law specialist and a VCAT appointed Administrator. In 2008 he was President of the Law Institute of Victoria and served for two years as a director of the Law...

Stewart Davis

Associate

Stewart Davis

Associate
As well as property law, Stewart has had exposure to VCAT administration matters and commercial law, particularly servicing developer clients.

George Hanger

Associate

George Hanger

Associate
LL.B BA
George was admitted to legal practice in May 2015 after completing a Bachelor of Arts at the University of Melbourne and a Bachelor of Laws at Monash University.

Antonela Graso

Paralegal

Antonela Graso

Paralegal
Whilst completing her professional business and law tertiary qualifications, Antonela provides efficient and effective legal support services to our valued teams and clients.

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