The Retail and Other Commercial Leases (COVID-19) Amendment Regulation 2021 (“the Regulation”) prohibited Landlords from taking any prescribed action against “impacted Lessees” (i.e. impacted Tenants) up until 13 March 2022. Prescribed action included taking action to evict a Tenant for non-payment of rent and increasing the rent in accordance with the Lease.
Further, the Regulation mandated the parties to the Lease to attend mediation before the Landlord was able to take any action against the Tenant. This was often not a viable option in circumstances whereby the Tenant had become hostile and unwilling to cooperate.
As of 13 March 2022, Landlords are now entitled to take prescribed action against their Tenants without any notice to them, including evicting Tenants for non-payment of rent, regardless of whether they are impacted by COVID-19 or not. Further, Landlords are now able to increase their rent in accordance with the terms of the Lease and take action against their Tenant should they fail to make the increased payments.
Should you require assistance in taking action against your Tenant please contact Amy Pallister of our Campbelltown office on 4627 3333 today. The COVID-19 pandemic has been tough for many, and now is the time for Landlords to start to recover what loss they can while they can.
It is important you obtain legal advice before taking any action against your Tenant. Your failure to follow the proper process and procedure could be costly, and could result in counter-action being taken against you by the Tenant.
This article was published on 20/09/22 and the information is valid only to the date of publishing. This article should be considered merely general and non-specific on the subject matter and is not and should not be considered or relied on as legal, advice. Meehans Solicitors is not responsible in the event this information is relied upon by the reader in the absence of specific legal advice.