The NSW Government has made amendments to the Retail and Other Commercial Leases (COVID-19) Amendment Regulation 2020 (NSW).The most notable amendment was that an “impacted lessee” must now provide the landlord with:
- a statement to the effect that the lessee is an impacted lessee; and
- evidence that the lessee is an impacted lessee.
The significance is, if the statement and evidence are not provided by the lessee, the landlord is taken to have complied with its obligations under the Code and is is free to take “prescribed action” against the lessee for a breach of the lease during the prescribed period.
