March 3, 2022 kpresant@alphaco.com.au

Extension of Commercial Tenancy Relief Scheme to 15 March 2022

The Commercial Tenancy Relief Scheme has been extended from 15 January 2022 to 15 March 2022 (the Extended Scheme).  For more information about the eligibility requirements (prior to the extension) please see our previous blog: https://alphastreamlawyers.com.au/2021/09/08/new-covid-19-commercial-tenancy-relief-scheme/

Under the Extended Scheme, tenants can make a request for rent relief back to 16 January 2022, provided that they submit their application to their landlord and provide the necessary evidence on or before 15 March 2022.

The Victorian Small Business Commission has a prepared a number of Frequently Asked Questions which are very helpful regarding the Scheme which you can access here – FAQs

If a tenant was eligible under the previous Scheme, do they have to reapply for rent relief after 15 January 2022?

Unless tenants and landlords have agreed to continue a rent relief agreement that is already in place, tenants will need to make another request to their landlord for relief after 15 January 2022 (see question 17 of the FAQs).  As a starting point, tenants can contact their landlords directly to seek their consent to continuing the current rent relief agreement.  Landlords may request tenants to provide supporting evidence that the tenants still meet the eligibility requirements under the Extended Scheme.

 If a tenant was eligible under the previous Scheme, are they automatically eligible for rent relief under the Extended Scheme?

No. If tenants are seeking rent relief under the Extended Scheme, they must meet the eligibility criteria under the Extended Scheme (see question 13 of the FAQs).  Tenants will need to make a new request for rent relief to their landlord if they meet the eligibility requirements (see question 17 of the FAQs).  For instance, tenants must be able to demonstrate a 30% decline in turnover when compared with an equivalent period two years ago.

Further, a tenant can request rent relief from their landlord under the Extended Scheme even if they have not made a request under a previous Commercial Tenancy Relief Scheme.  The tenant will need to meet the eligibility criteria (see question 13 FAQs) and must properly request the rent relief (see question 17 FAQs).

If you would like any assistance with the preparation of a request for rent relief under the Extended Scheme, please let us know.

Contact us on 03 9548 5500

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