COVID-19 Commercial and Residential Tenancies Legislation Amendment (Extension) Act 2020
As of 23rd September 2020, the new COVID-19 Commercial and Residential Tenancies Legislation Amendment (Extension) Act 2020 (“the Extension Act”) is in effect.
With the Extension Act, the measures under the COVID-19 Omnibus (Emergency Measures) Act 2020 (“the Act”) and Part 16 of the Residential Tenancies Act 1997 (“RTA”) are now extended:
· The Emergency measures under the Act is extended until 26th April 2021.
· Part 16 of the RTA is extended until 28 March 2021.
If you require information on the measures under Part 16 of the RTA, you may refer to our previous posts:
· “Residential Lease Rent Payment Issues in the COVID-19 Pandemic”; and
· “Residential Lease Tenancy Agreement Issues in the COVID-19 Pandemic”.
The Extension Act also makes some amendments and additions to the Act.
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The Extension Act |
The Act |
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Definition of “Specified Rent Relief”
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Waiver or deferral of rent payable under an eligible lease |
No such definition |
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Definition of “Eligible Lease”
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The Extension Act removes section 13 (1) of the Act and replaces it with a new definition.
Under the Extension Act, “Eligible Lease” is defined as a retail lease or a non-retail commercial lease or licence, or a retail lease or a non-retail commercial lease or licence of a specified class— (a) that is prescribed; and (b) that is in effect on the day the first regulations made under section 15 come into operation.
In other words, the definition of “Eligible Lease” is not fixed.
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Under section 13(1), “Eligible Lease” was defined as a retail lease, or non-retail commercial lease or licence that was in effect on 29 March 2020 and under which the tenant: (a) Is an SME entity; and (b) Is an employer who qualifies for, and participates in, the JobKeeper Scheme.
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Categories of Regulations
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The Extension Act inserts a list of additional categories of Regulations that may be made by the governor in council on the recommendation of the Minister for Small Business.
This includes: · Making of orders to direct landlords to give specified rent relief to tenants; · Requiring parties to provide a statutory declaration in a rent relief application and its accompanying documents; · Requiring that certain preconditions be met before a rent relief application may be made; · Enforcement, amendment or revocation of binding orders; · Conferring jurisdiction on VCAT to review the making, amendment or revocation of a binding order, and to hear and determine proceedings relating to compliance with binding orders. |
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However, while the Extension Act is in effect, certain sections of the Extension Act have not yet come into operation. This includes the definitions of “specified rent relief” and “eligible lease”, as well as the additional categories of Regulations. No date has been given as to when these sections will come into effect.
DISCLAIMER
These information reflects the state of the law at the time of publication. The information is for general information purposes only and not intended to be relied upon as legal advice in respect to your particular circumstances. For specific and up-to-date legal advice regarding your situation, please contact one of our qualified lawyers.