Victorian Numbered Regulations Victorian Numbered Regulations(1) A tenant under an eligible lease may request rent relief from the landlord under the eligible lease.
(2) A request under subregulation (1) must be in writing and be accompanied by—
(a) a statement by the tenant that the tenant's lease is an eligible lease and the lease is not excluded from the operation of these Regulations under section 13(3) of the Act; and
(b) information that evidences that the tenant—
(i) is an SME entity; and
(ii) qualifies for, and is a participant in, the jobkeeper scheme.
(3) On receipt of a tenant's request under subregulation (1) which conforms with subregulation (2), a landlord must offer rent relief to the tenant under an eligible lease within—
(a) 14 days after receiving that request; or
(b) a different time frame as agreed between the landlord and the tenant in writing.
(4) A landlord's offer of rent relief under subregulation (3) must be based on all the circumstances of the eligible lease and—
(a) relate to up to 100% of the rent payable under the eligible lease during the relevant period; and
(b) provide that no less than 50% of the rent relief offered by the landlord must be in the form of a waiver of rent, unless a landlord and a tenant otherwise agree in writing; and
(c) apply to the relevant period; and
(d) take into account—
(i) the reduction in a tenant's turnover associated with the premises during the relevant period; and
(ii) any waiver given pursuant to regulation 14(2); and
(iii) whether a failure to offer sufficient rent relief would compromise a tenant's capacity to fulfil the tenant's ongoing obligations under the eligible lease, including the payment of rent; and
(iv) a landlord's financial ability to offer rent relief, including any relief provided to a landlord by any of its lenders as a response to the COVID-19 pandemic; and
(v) any reduction to any outgoings charged, imposed or levied in relation to the premises.
(5) Following receipt of a landlord's offer by a tenant, the tenant and the landlord must negotiate in good faith with a view to agreeing on the rent relief to apply during the relevant period.
(6) Rent relief under this regulation may be given effect by the landlord and tenant by—
(a) a variation to the eligible lease; or
(b) any other agreement between them that gives effect to the rent relief, either directly or indirectly.
Notes
1 An eligible lease has effect subject to this regulation—see section 17(1) of the Act.
2 If any part of the rent payable under an eligible lease has been waived under a variation to the eligible lease or under another agreement between the landlord and tenant that gives effect to the rent relief, either directly or indirectly, a landlord will be bound by that variation or agreement and will not be able to subsequently make any claim for payment of the waived part of the rent.