Just in time for Christmas, the Victorian Government has extended the relevant period under the Commercial Tenancy Relief Scheme from 31 December 2021 until 28 March 2021, the date on which the enabling legislation is also scheduled to expire.
The extension occurs via the COVID-19 Omnibus (Emergency Measures) (Commercial Leases and Licences) Amendment Regulations 2020 (Further Regulations) released earlier today. A copy can be found here.
Tenants of eligible leases may now seek rent relief from their landlords until 28 March 2021.
There have been no further changes to:
Relief for eligible tenants must still be, at a minimum, proportionate to the tenant’s decline in turnover from the premises and the requirements for requesting relief (as previously amended on 29 September 2020) apply. This means that tenants may only seek relief for the further extended period from the date they make a compliant request for relief.
As a consequence of the further extended relevant period, the Further Regulations amend all references to 30 December 2020 to 28 March 2021. This includes:
The extension will be welcomed by all tenants, but particularly those in the hospitality and retail sector who were hardest hit by the prolonged Stage 3 and 4 restrictions imposed on Metropolitan Melbourne from July.
Alexandra Walker, Special Counsel