In my last article (see link below) I spoke briefly about how the WA government’s current version of the National Code for Commercial Leases does not link prohibitions on evictions and defaults to a tenant’s decline in turnover (if any) and instead appears to extend such prohibitions to a much wider class of tenants.
Another key difference is that the prohibitions appear to extend to all monies payable to a landlord under the lease, not just rent. This expressly includes the landlord’s operating expenses and potentially rates and taxes and service charges (depending on how the lease is drafted).
However, it remains unclear if, or to what extent, the deferred rent and other monies is payable by the tenant when the pandemic period ends. This may be covered by Regulations yet to be adopted.
To find out more or if you have any queries relating to your commercial lease, please do not hesitate to contact me on 0408 954 570 or at firstname.lastname@example.org.
Keep an eye out for further articles.
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