Mandatory Code of Conduct: Landlords & Tenants – Retail, Office, Industrial and Other Commercial Properties

This commentary has been jointly prepared by PVW Partners and wilson/ryan/grose.

Following the National Cabinet’s announcement of a mandatory code of conduct for landlords and tenants in retail, office, industrial and other commercial properties (the Code), there will be many landlords and tenants keen to obtain certainty around their future cashflows and implement reasonable and appropriate measures. The following comments are intended to serve as a practical guide to help landlords and tenants implement reasonable and appropriate solutions that comply with the Code. Additionally, stakeholders should consult with their usual professional advisors to ensure their respective interests are protected.

Finally, while the Code is stated to be mandatory, many aspects of the Code will require further development and clarification at a state government level. Legislation giving rise to the Code (including fixing a commencement date) has yet to be drafted and/or passed by the relevant State and Territory Parliaments. We will update this commentary as the relevant legislation is passed.

Mandatory Code of Conduct – Landlords & Tenants – Retail, Office, Industrial and Other Commercial Properties