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 until the end of the response period, that is, 30 September 2021.
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.