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Post-COVID – What are a Landlord’s Rights?

If you are a Landlord in Queensland and your tenant previously met the requirements of the Retail Shop Leases and Other Commercial Leases (COVID-19 Emergency Response) Regulation 2020 – then you need to read this.

An Amendment to the Regulation has been introduced and is effective from 5 February 2021.

What does the Amendment mean for Landlords?

The Amendment now means that Landlords who, before 28 May 2020, had been prevented from taking certain actions against a tenant, are now no longer restricted from doing so.

These actions include:

  • recovery of possession, exercising a right of re-entry or forfeiture;
  • termination of the lease or eviction of the tenant;
  • claiming for damages;
  • charging interest on unpaid rent or outgoings;
  • a claim on a bank guarantee or security deposit for unpaid rent or outgoings;
  • increasing the rent.

It is important to understand the Amendment to the Regulation fully and the circumstances of when a Landlord may take action.

If you are a Landlord and are unsure of what actions you can now take, please get in touch.

The above is general in nature and does not constitute legal advice.