If an organisation does not qualify for the government’s Job-keeper Program, then does this mean they lie outside of the Code and cannot get rental relief?

Technically, no. The Code’s intent and principles apply to all affected tenants and landlords, regardless of whether they qualify for the Job-keeper program. However, the mandatory aspects of the Code are dependent on an organisation being eligible and qualifying for the Job-keeper program. Because of this, some landlords are refusing to participate (or are slow to enter) in good faith negotiations with tenants that do not qualify as ‘eligible’ for the mandatory aspects of the Code.

The coronavirus pandemic impact is unprecedented in depth and breadth across the Australian economy, including the property market and other national and global sectors.

The National Commercial Leasing Code of Conduct (read it here) and the related messaging from Government emphasize the goal of business continuity, and the related need for acceptance of fairly-shared burdens between tenants and landlords, evidenced by good faith negotiations and resultant lease arrangements.

Tenants negatively impacted by the pandemic should pursue good faith negotiations framed by the Code’s intent and principles, regardless of eligibility to the mandatory aspects - Tenant Leasing Group can help with this. We advise and provide support in order to present evidence substantiating COVID-19's current and future impact on tenant revenue, utilization of the leased asset, and operating cost.  It's this kind of representation that facilitates good faith negotiations and is part of securing favourable lease arrangements. Get in touch to see how we can help in this pressing time.

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