The Retail Shop Leases and Other Commercial Leases (COVID-19 Emergency Response) Regulation 2020 (RSL COVID-19 Regulation) commenced on 28 May 2020. The provisions apply to any claim brought until the end of the response period, that is, 31 December 2020. Please note, commercial tenants and landlords can continue to access dispute assistance and free mediation until 30 April 2022.
Of particular relevance is that a landlord cannot take a prescribed action against a tenant with an affected lease who fails to pay rent or outgoings, or is not open for trade during the response period or extension period. If a commercial lease has been affected by the COVID-19 emergency, if the parties cannot informally reach an agreement, it is open to them to apply for mediation to the Queensland Small Business Commissioner. For more information, visit https://www.business.qld.gov.au/running-business/support-assistance/qsbc/negotiating-rent-relief
The RSL COVID-19 Regulation should be referred to in every case to determine its application and effect.
Disputes can arise from a disagreement between a tenant and landlord about a retail shop lease.
These disputes are resolved through a two-step process which involves:
- mediation and
- if the dispute is not resolved at mediation, a hearing by QCAT.
In deciding Retail Shop Lease disputes, QCAT has a monetary limit of $750,000.
To assist with your matter you may request a search of the register of proceedings (list of cases before QCAT) for retail shop lease matters.
To request a search of the QCAT register of proceedings, you can do so online via QCATs search and copy portal.