Covid clauses in new office leasing?

Discussion in 'Commercial Property' started by pwt, 22nd Aug, 2020.

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  1. pwt

    pwt Well-Known Member

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    Someone told me that tenants are including covid clauses on new office leases, presumably to allow them to break the contract or reduce rent substantially if there are lockdowns.

    Any truth to it? Anyone seeing a change to leasing terms lately?
     
  2. Scott No Mates

    Scott No Mates Well-Known Member

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    Why would you consider (as an owner) anything over what's legislated and locking yourself into a position to your detriment?

    Conversely, it's a negotiation, everything is negotiable. If you can get away with it, go for it.
     
  3. Westminster

    Westminster Tigress at Tiger Developments Business Member

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    I had a potential tenant ask to put in a fairly specific clause relating to this and I didn't agree to it. As landlord I will abide by the Commercial Code of Conduct and may enter into negotiation should an issue occur but I don't want to pre-emptively promise things in a contract outside of my obligations

    In this instance the tenant wanted a specific clause because the lease starts in 12mths time and if there is a lockdown before the lease starts and they can't start their business the they won't meet the revenue decrease part of the CCoC as they haven't been trading yet so potentially wouldn't be covered by it.
     
  4. pwt

    pwt Well-Known Member

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    I guess if you have no choice, then perhaps you rather have that clause than an empty property.

    I did hear of a case where a company was moving out from and the landlord halved the original rent. This was near Sydney CBD.
     

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