Most leases, including the current Law Institute of Victoria’s Lease of Real Estate (Commercial) (LIV Lease) do not deal with the unique circumstances that we are facing with COVID-19. Tenants facing significant decreases in revenue are asking, “am I entitled to any rent reduction in these circumstances and am I allowed to stop conducting my business from the premises?” MSI's Melbourne accounting member Morrows Pty Ltd provides answers.
Whilst it will depend on the specific terms of each lease, the general answer in relation to rent relief is no. By way of example, clause 8 of the LIV Lease entitles the tenant to a rent abatement in circumstances where “the premises or the building are damaged so that the premises are unfit for use for the permitted use or inaccessible.” The Premises are not damaged and therefore the right for abatement does not arise simply because the tenant is unable to use the premises – because the tenant’s customers and/or staff are unavailable due to self-isolation, or even if the tenant’s business is one of those directed by the Government to be closed.
There may be room to negotiate rent relief and we refer you to our article on