Keeping our clients informed is important to us so we regularly publish our thoughts on topics that will be of interest to anyone involved with commercial property. We call them ‘insights’ and we hope you find them of interest.

End of Tenant Covid Protections

2020, what a year! With Covid-19 and extreme weather to say the least, 2020 was certainty not boring. But you know what they say, new year, new you.

 

It seems this is the mantra the State Government has now taken regarding the protections given to commercial tenants for Covid-19. As of 4 January 2021, these protections no longer apply.

As you may remember from some of my previous Lease Insights, the landlord was restricted from, amongst other things, acting under the terms of the lease to re-enter and take back possession of the premises and/or terminate the lease.

What this means is that if you have a tenant that has been refusing to pay rent because they have been affected by the pandemic, you can now act as per your lease.

However, currently the law does not address whether you can take action to recover any rent that has been unpaid by the tenant prior to 4 January 21. If you are owed a substantial amount from that period it would be best for you to have a chat with a solicitor who can let you know what can be done. Hopefully, the Government can create a comprehensive answer to this issue soon.

Anyway, goodbye 2020, hello 2021. May this year be better for us all.

 

Regards

 

Steve Evans

 

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