Options for landlords and tenants in the Covid-19 world? Part 2 & 3

  • Author : Samuel Hopper - 23-03-2020

Options for landlords and tenants in the Covid-19 world? Part 2

A few people have commented on last night’s post and it is worth pointing out the following:

Tenants should be advised to check for business interruption insurance to see if these events are covered.

Apparently the Morrison government will be discussing tenancy legislation at the national cabinet meeting on Tuesday night.  I’ll report on any developments as soon as I can.

Options for landlords and tenants in the Covid-19 world? Part 3

This issue continues to generate comments and feedback.  If you are following this issue, please note the following:

Frustrated contract are dealt with in part by Part 3.2 of the Australian Consumer Law and Fair Trading Act 2012 (Vic), which will, presumably, also apply to leases.  The legislation addresses the consequences of frustration and the allocation of liabilities after an event of frustration occurs.  I suspect that the legislation will have limited relevance for landlords and tenants, given that the rent is almost always paid monthly.

A few people have suggested that Covid-19 will be excluded from most business interruption insurance policies as a declared disease under relevant legislation.  However, it is still worth checking the policy, just to be sure.

About the Author

Samuel Hopper

Recent Posts

A recent UK Supreme Court case about frustration of leases – Canary Wharf (BP4) T1 Ltd v European Medicines Agency[2019] EWHC 335 (Ch)

Samuel Hopper Date: 25-03-2020

Hong Kong case on frustration of a residential lease during SARS closure

Samuel Hopper Date: 24-03-2020

Options for landlords and tenants in the Covid-19 world? Part 2 & 3

Samuel Hopper Date: 23-03-2020

Options for landlords and tenants in the Covid-19 world?

Samuel Hopper Date: 23-03-2020

New Ministerial determination exempting farm leases from the RLA 2003

Samuel Hopper Date: 01-11-2019

The application of the RLA 2003 post – C.B. Cold Storage – part 2: Bulk Powders Pty Ltd v Seicon Pty Ltd (Building and Property) [2018] VCAT 2000

Samuel Hopper Date: 18-09-2019