Rent Relief Agreement (Victoria)

COVID-19 COMMERCIAL RENT RELIEF AGREEMENT (VICTORIA) TEMPLATE (2020)

I've Made It So Simple, You Can Make A Binding Rent Relief Agreement For Your Victorian Commercial Lease. Just Download, Fill-in the blanks, Print and Save $1,000's in Legal Fees

Commercial Leasing Lawyer
Mr Shanti Rubens

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I've created this Rent Relief Agreement Template so you can prepare a binding variation to a Commercial Lease in Victoria. That is, to for a landlord to give rent relief to a tenant affected by the COVID-19 pandemic. This template helps you make a binding Agreement without spending thousands of dollars on a lawyer.

The Template is professionally drafted and easy to use. It's based on my real world experience over the past 20 years, advising leading Australian businesses and law firms like these ....

You can contact me if you have questions or want professional assistance customising the Agreement to suit your specific rent relief arrangements for a commercial lease in Victoria.

This Legal Zebra Template helps you put your Commercial Rent Relief Agreement in black & white instantly.

There's no legal mumbo jumbo...

The document is in simple language that your employees will easily understand.

The Template guides you step-by-step through the process of making a legally binding Commercial Rent Relief Agreement that you can enforce in a Victorian Court.

Because the Template helps you write an Agreement yourself, unless the rent relief arrangements between the landlord and tenant are highly complex, you won't need to see a lawyer.

This will save you at least $1,200 in lawyer's fees.

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WHAT IS A COVID-19 COMMERCIAL RENT RELIEF AGREEMENT (VICTORIA)

A Commercial Rent Relief Agreement is a legal contract between a Landlord and a Tenant (also known as a Lease Variation Deed) that varies the rent the Tenant is required to pay for a specific period during the COVID-19 pandemic. It also deals with rent deferrals, outgoings and other issues pertinent to the pandemic. 

The Agreement is made under the legal framework that applies in Victoria, Australia. This includes the:

- the COVID-19 Omnibus (Emergency Measures) (Commercial Leases and Licences) Regulations 2020. These Regulations came into force in Victoria on 1 May 2020; and

- the Australian National Cabinet’s Mandatory Code of Conduct: SME Commercial Leasing Principles during COVID-19This is simply referred to as the National Code.

When a tenant is given rent relief, it important to vary the Lease in an official manner. To do so, the Landlord and the Tenant must sign a formal document recording the terms of the Agreement and noting that the new terms override the existing terms in the Lease. This is commonly referred to as a Lease Variation Agreement or a Deed of Variation. 

While a Lease can be varied for a number of reasons, a Rent Relief Agreement Template deals with specific amendments to the Lease that are intended to address issues raised by the pandemic. These include, in most cases, a waiver of the rent and/or deferral of part of the rent until the tenant's business recovers from the affects of the pandemic. It could also cover issues like an extension of the duration of the lease to give the tenant longer to pay any deferred rent. 

Why is it important to have a formal Agreement in place to vary the Lease? Can't the Landlord simply send revised invoices with the reduced rent stated on them. Taking short cuts like this in an important legal matter can lead to disputes down the track. 

You should be aware that without an Agreement in place, the tenant is at risk because even if they pay the reduced rent invoiced by the landlord, there's nothing to stop the landlord from pursuing the tenant at a later date for payment of the rent that was temporarily waived. This is likely to be a real problem if, for example, the landlord transfers the property and the new landlord refuses to honour the earlier agreement.

Similarly, a binding Rent Relief Agreement is important for the landlord. It assists them to evidence the terms of a deal. With a binding Agreement in place for payment of reduced rent, the landlord can enforce their rights against the tenant and ensure they receive payment. Given the moratorium on evictions, without such an Agreement in place, the landlord does not have strong rights against the tenant. Indeed, a commercial landlord is now forced to negotiate with a tenant. It's only after the tenant has accepted and offer, and the landlord has confirmed the revised lease terms, that the landlord can pursue the tenant for payment of outstanding rent.

MAKING A COVID-19 COMMERCIAL RENT RELIEF AGREEMENT (VICTORIA) ONLINE

Can you make your Commercial Rent Relief Agreement online?

Yes, this Commercial Rent Relief Agreement template can be used for landlord and tenants in Victoria to record the rent relier arrangements for a lease of commercial premises. This covers both commercial and retail premises. However, the template is not intended to be used for agreements about residential premises. 

You can download the Legal Zebra Template instantly and put a basic legally binding Commercial Rent Relief Agreement in place. It generally takes less than 25 minutes to enter your details, after you download the document files. You can complete your Agreement in Word and/or Interactive PDF format.

The Legal Zebra Commercial Rent Relief Agreement Template is up to date and suitable for use in all part of Victoria, Australia.

This means you can use the Legal Zebra Template if you are varying or amending a commerical lease in Melbourne or any other part of Victoria, in response to the Covid-19 pandemic. 

If your Victorian commercial lease variation arrangements are complicated, or there is a substantial amount of money involved, you should seek personalised advice from a lawyer. 

Here are some specific examples of when you can use the Commercial Rent Relief Agreement template. Of course, you can also use it in many other cases.

TEMPLATE 
AGREEMENT TO REDUCE RENT ON COMMERCIAL PREMISES IN VICTORIA



We have agreed with the tenant to give them a reduction on their rent for a few months so they can get through the COVID-19 pandemic and hopefully keep trading. We are waiving part of the rent and letting the tenant defer part of the rent. 

The tenant rent a shop front in Melbourne for a hair dressing business so they have been suffering from pandemic lockdowns.

We need to record the arrangement in a proper legal agreement, without affecting the continuation of the lease. 

TEMPLATE
RENT RELIEF AGREEMENT TO FOR A VICTORIAN RETAIL LEASE 



We have agreed with our landlord that we will get a discount on the rent we owe while the pandemic is causing us to lose business. We want a simple template agreement to make the discount binding because we are worried the landlord will throw us out, after October 2020 if we don't have an official agreement. 

TEMPLATE
LANDLORD AND TENANT TEMPORARY LEASE VARIATION DEED FOR COVID-19 PANDEMIC


Our law firm requires a formal Deed of Variation of Lease. This is to record the rent relief terms that apply due to issues caused by the pandemic. 

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VICTORIAN COMMERCIAL RENT RELIEF AGREEMENT CHECKLIST

Legal Zebra's Australian Commercial Rent Relief Agreement Template includes these important provisions...

DESCRIPTION OF THE LEASE

Clearly identifies the lease and premises for which rent relief will apply. 

RENT RELIEF PERIOD

This Agreement states the relevant period during which a rent waiver or deferral will apply. Eg, from March through to September 2020.

RENT REDUCTION

This Agreement lets you specify the rent reduction amount. Eg, 80% rent reduction during the rent relief period. 

WAIVE AND/OR DEFER RENT 

This Agreement clearly states how much of the rent is waived (so it's not payable) and how much is deferred. Eg, This 80% rent reduction amount is treated as 50% waived, 50% deferred. So, of the total rent amount in the rent relief period:
20% is payable as usual;
40% is waived; and 
40% is deferred and payable as deferred rent payments.

DEFER RENT PAYMENTS

This Agreement is flexible enough to allow for a tenant to pay off the deferred rent by way of monthly installments. Payments can be made over 24 months or the remainder of the lease term (as per the Victorian Regulations). 

EXTEND THE LEASE TERM

Perahps you've agreed to extend the lease term so the tenant has longer to pay off the deferred rent and to compensate the tenant for missing out on trade during the pandemic period. Well, this Agreement includes a simple provision to lengthen the current lease term. 

WAIVE OUTGOINGS OR REQUIRE THE TENANT TO PAY

Has the tenant closed down for a period due to government restrictions? If this is the case and the landlord is waiving the outgoings because of the closure, you can easily state the outgoings waiver period in this Agreement. On the other hand, if the landlord has given a rent reduction but the tenant still needs to pay the outgoings, you can record this arrangement in this Agreement. 

COMPLY WITH VICTORIAN LEASING LAW 

The Agreement is drafted to ensure the parties comply with the COVID-19 Omnibus (Emergency Measures) Act 2020 (Act). That is, as well as the the COVID-19 Omnibus (Emergency Measures) (Commercial Leases and Licences) Regulations 2020 (Regulations) made in Victoria under the Act.

COLLECT OUTSTANDING RENT?

Your tenant hasn't paid because they were waiting to settle on a rent agreement. With this Rent Relief Agreement, the tenant is required to get up to date and pay all outstanding rent (at the reduced rate).  

MORE PROVISIONS

This comprehensive lease variation document contains many more provisions to secure and protect temporary changes to your leasing arrangements due to the COVIDF-19 pandemic.

LEGAL TIPS

Easy to follow tips and examples to help complete your Rent Relief Agreement.

CREATE YOUR COVID-19 COMMERCIAL RENT RELIEF AGREEMENT (VICTORIA) NOW

For a limited time only $97 $77

HOW TO WRITE YOUR COVID-19 COMMERCIAL RENT RELIEF AGREEMENT (VICTORIA)

Complete your Commercial Rent Relief Agreement in three easy steps.

TYPE YOUR DETAILS IN THE DOCUMENT

After you download the template, simply enter the details.

FOLLOW THE TIPS IN THE RIGHT PANEL

The easy to follow guides in the right panel of the legal template tell you how to fill it in. These do not appear in the print out.

SIGN-OFF AND YOU’RE DONE!

Sign and date the document to create a legally binding Commercial Rent Relief Agreement. Signing instructions are included in the document.

Works on Windows

Works on Mac

Interactive PDF

Word Document

Rent Relief Agreement (Victoria) - Key Terms -PDF

COVID-19 COMMERCIAL RENT RELIEF AGREEMENT (VICTORIA) FAQs

RELATED DOCUMENTS

What's the difference between a Rent Relief Agreement and a Deed of Variation of Lease?

Will entering into a Rent Relief Agreement from Legal Zebra discharge my obligations to the tenant under the Victorian rent relief regulations and also the National Code?


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I am confident you will absolutely love your Commercial Rent Relief Agreement template.

However, if the template is not right for you then simply email me to claim a 100% money back refund at any time within 60 days of the date of your purchase. 

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