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Pandemic lease protections extended for small business tenants

Small businesses doing it tough due to COVID-19 are set to benefit from further NSW Government support following a decision to extend mediation protections under the commercial leasing regulation until 30 June 2022.

Treasurer Matt Kean said the challenges facing small business have been significant which is why we are moving to extend mediation protections to support tenants and landlords to work together to negotiate mutually beneficial outcomes.

“Throughout COVID-19 we have made it our mission to listen to the small business community and understand what they need to keep the lights on so they can continue to provide jobs and support to our economy,” Mr Kean said.

“The small business community is the backbone of our economy so anything we can reasonably do to support their operation through the challenges, we will do.”

“We appreciate and acknowledge the constructive approach of commercial property owners in working together with their tenants in these very challenging circumstances.”

Under the extension, from 14 March to 30 June 2022, landlords will be prevented from taking certain actions including evicting and locking out, unless they have attempted mediation with tenants that:

  • Had a turnover of less than $5 million in 2020-21; and
  • Received at any point in time the 2022 Small Business Support Grant, 2021 Micro-business Grant, 2021 Business Grant, or the 2021 JobSaver payment.

Minister for Small Business Eleni Petinos said extending mediation provisions until 30 June 2022 would provide practical benefit to both tenants and landlords.

“Small businesses have experienced enormous challenges over the past two years,” Ms Petinos said.

“Extending mediation protections under the commercial leasing regulation is a sensible move that will help keep businesses open for trade.”

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