If you are a tenant in a commercial lease and are facing financial difficulty due to Covid-19, you may be entitled to a waiver or deferral of your rent as a result of the moratorium period.
As a tenant you should be aware of your rights in respect of your lease. On 14 July 2021, the NSW Government introduced the Retail and Other Commercial Leases (COVID-19) Regulation 2021 (the Regulations) which provides for a moratorium on enforcement action by landlords in NSW until 11 September 2021.
The Regulation is a continuation of the Regulations announced in 2020 and the National Code of Conduct for Commercial Tenancies (the Code). The Regulation does not reinstate the terms of the Code, however implements similar protections for impacted tenants.
You should seek legal advice as to your rights if your landlord seeks evict you, re-enter the premises, recover the premises, recover a security bond or terminate the lease during the moratorium period.
If you are a tenant and would like to discuss your rights that apply during the moratorium period, please contact our Dispute Resolution Partners, Aaran Johnson or Bharath Balasubramanian.
The contents of this publication are for reference purposes only. This publication does not constitute legal advice and should not be relied upon as legal advice. Specific legal advice should always be sought separately before taking any action based on this publication.
