New Leasing Code of Conduct – COVID 19

Do you have a retail, office or industrial lease?

Are you eligible for the JobKeeper programme?

Do you need to renegotiate your payment terms?


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The Commonwealth Government has introduced a Mandatory Code of Conduct for leases of commercial premises.  NSW has passed legislation that gives legal effect to this code.

The Code applies to commercial tenancies including retail, office and industrial.  The tenant must be an eligible business for the purpose of the JobKeeper programme and meet the relevant eligibility criteria.

The purpose of the Code is to provide temporary relief to tenants that are suffering financial stress due to the COVID 19 pandemic.  It is based on the premise that the landlord and tenant will negotiate in good faith to reach an agreeable outcome and includes a number of principles, including a:


There are obligations on the tenant.  These include to provide sufficient information and to remain committed to the lease.

Make sure you get the right advice and make the most of the Code.  In the present commercial environment, taking this opportunity may mean the difference between staying in business and permanently closing down.


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