For the first time in living memory, the government has stepped in to regulate commercial leasing and to remove some rights of landlords to enforce certain provisions of their lease.
There is a lot of misleading information out there about what this involves. Unless you know the ins and outs of the COVID law changes, you could be giving more to the tenant than what the tenant is entitled to.
One issue that has arisen is whether you can default a tenant at all. Some tenants believe that, no matter what they do, the landlord cannot default them. This is not the case.
We had one situation where a tenant had damaged the premises and failed to maintain it in accordance with the lease. We had another occasion where a tenant sublet a lease without the landlord’s knowledge or consent.
Provided these issues are covered by your lease, the COVID law changes should not prevent you from defaulting the tenant for these breaches. There are many other types of breaches that are not covered by the COVID law changes as well.
If your tenant is in default of your lease and you want to know if the COVID law changes allow you to issue a default notice, contact us on 0408 954 570 or at firstname.lastname@example.org.
Keep an eye out for further articles. This article is not legal advice. You should obtain independent legal advice to address your specific situation.