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COVID-19 OMNIBUS (EMERGENCY MEASURES) (COMMERCIAL LEASES AND LICENCES) REGULATIONS 2020 (SR NO 31 OF 2020) - REG 9

Non-payment of rent during relevant period

    (1)     A tenant under an eligible lease is not in breach of the eligible lease if they do not pay the amount of rent required to be paid under the eligible lease during the relevant period and only if they—

        (a)     comply with regulation 10(1) to (5) during the relevant period; or

Note

A tenant under an eligible lease will also need to comply with regulation 10(1) to (5) during the relevant period every time they request rent relief in the circumstances provided for under regulation 11.

        (b)     during the relevant period, pay an amount of rent in accordance with—

              (i)     any variation to the eligible lease mentioned in regulation 10(6)(a); or

              (ii)     any other agreement mentioned in regulation 10(6)(b).

Note

An eligible lease has effect subject to subregulation (1)—see section 17(1) of the Act.

    (2)     A landlord under an eligible lease must not evict or attempt to evict a tenant under the eligible lease to whom subregulation (1) applies.

Penalty:     20 penalty units.

    (3)     A landlord under an eligible lease must not re‑enter or otherwise recover, or attempt to re‑enter or otherwise recover, the premises under an eligible lease if the tenant under the eligible lease is a tenant to whom subregulation (1) applies.

Penalty:     20 penalty units.

    (4)     A landlord under an eligible lease must not have recourse, or attempt to have recourse, to any security relating the non-payment of rent under an eligible lease by a tenant under the eligible lease if the tenant is a tenant to whom subregulation (1) applies.

Penalty:     20 penalty units.



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