Commercial Tenancies | Mandatory Code of Conduct

Camphin Boston | April 2020

The Government has announced a mandatory code of conduct for commercial tenancies to support small and medium sized enterprises (SMEs) affected by the coronavirus.

The Code of Conduct (the Code) outlines a set of good faith leasing principles for commercial tenancies including: 

  • retail
  • office
  • industrial

between:

  • owners
  • operators
  • other landlords
  • tenants

This Code applies to tenants that are:

  • a small-medium sized business with an annual turnover of up to $50 million
  • eligible for the JobKeeper Payment

Rent reductions will be based on the tenant’s decline in turnover to ensure that the burden is shared between landlords and tenants.

The policy will include a mutual obligation requirement on the small and medium sized businesses and not-for-profit tenants to continue to engage their employees through the JobKeeper Payment where eligible, and if applicable, provide rent relief to their subtenants.

Australian and foreign banks, along with other financial institutions operating in Australia, are expected to support landlords and tenants with appropriate flexibility as they work to implement the mandatory Code.

The Government is also waiving rents for all its small and medium enterprises and not-for-profit tenants within its owned and leased property across Australia.

The Code and its principles will be implemented and regulated by your relevant state or territory.

For more information visit: https://www.pm.gov.au/media/update-coronavirus-measures-070420

National Cabinet Mandatory Code of Conduct - SME Commercial Leasing Principles during COVID-19

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