This publication is current as at 1 May 2020 and will be updated periodically to identify further material developments.

In April 2020 the Commonwealth Government introduced a new Code of Conduct for commercial tenancies intended to aid the management of cash flow for SME tenants and landlords that are suffering financial stress or hardship as a result of the COVID-19 pandemic

The Code includes a set of good faith leasing principles for application to commercial tenancies where the tenant is an eligible business for the purpose of the Commonwealth Government's JobKeeper program.

In this report, we provide an in-depth analysis of the key changes the Code will introduce, and summarise:

  • what constitutes a 'lease' for the purposes of the Code;
  • the relationship between the Code and the Commonwealth Government's JobKeeper program;
  • the overarching principles that will guide the conduct of negotiation and implementation of arrangements under the Code; and
  • our analysis of how the leasing principles of the Code are likely to apply to the relevant tenancy legislations of the States and Territories.

You can access a copy of COVID19: navigating the national Code of Conduct for commercial tenancies here, or click the 'DOWNLOAD PDF' below.

Download PDF file

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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