The Retail and Other Commercial Leases (COVID-19) Regulation 2022 has extended compulsory mediation provisions for eligible small businesses until 30 June 2022.

Eligible tenants with an annual turnover of less than $5 million can apply for mediation so that landlords and tenants can continue their relationship despite the challenges caused by the pandemic.  The Regulations do not provide directions in respect of rent relief or rent deferment.

Importantly, no tenant is eligible for mandated rent relief since the requirement to renegotiate rent ended on 13 March 2022. However, landlords may choose to continue providing rent relief if they wish to.

The only thing that remains under the regulation are the mediation protections, which prevent landlords from taking certain actions without first attempting mediation.

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