Binding Orders on Rent Relief coming for Victorian Landlords
The Victorian Government has released the COVID-19 Commercial and Residential Tenancies Legislation Amendment (extension) Bill 2020. The Bill introduces greater powers for regulations to be made to deal with rent relief disputes. In particular, to allow for binding orders to be made on landlords to give specified rent relief. The proposed amendment includes:
- A process for tenants to apply for binding orders for rent relief from their landlords.
- Preconditions for a rent relief application.
- Processes for dealing with and deciding rent relief applications.
- How binding orders would be enforced notably in the case of non-compliance, including preconditions before proceeding to VCAT.
- Admissible evidence criteria in a VCAT proceeding or a court of specified material relating to mediation.
Additionally, the Bill:
- Provides broader scope for the Minister for Small Business to make regulations dealing with rent relief disputes.
- Extends the commercial tenancy relief scheme from 29 September 2020 to 26 April 2021 however, it is anticipated the commercial tenancy relief scheme will extend only until 31 December 2020 at this point in time.
The Bill passed its third reading and is awaiting Royal Assent.
Let’s stay connected. In line with the Victorian Government’s Roadmap for Reopening, our entire team will continue in their remote-working locations until 26 October. Please email your service team member or call us on +61 3 9820 6400 for assistance and advice with regards to government economic support programs and other ways to manage your business through this challenging period.