Agreement for Variation to Lease (Commercial/Retail) - AUVICRECM027

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15 Jan 2022 v1.4

Additions / Changes:


HEADER

AGREEMENT FOR VARIATION TO LEASE

(Commercial/Retail)

Note: This form may be used for a variation of the lease and in particular where the lessee is experiencing hardship and is in need of assistance to maintain occupancy of the rental premises also as a rent relief agreement, where the lessee is an ‘Eligible Tenant’ under an ‘Eligible Lease’ (as defined in the Commercial Tenancy Relief Scheme Regulations 2021 (Vic)).


VARIATION

Rent Variation details:

Reduced rent $………………………… per      __ Week          __ Fortnight           __ Month

(See COVID-19 Relief Note 1)

Variation Period:  Commencing on …… / …… / …… and ending on …… / …… / …… inclusive.

(See COVID-19 Relief Note 2)

Rent Monies to be Repaid:   __ Yes    __ No         Amount: $ ……………… (unpaid monies)

(Where ‘Yes’ is selected, the attached Repayment Agreement shall apply)

 

Extension of Term:

Where Regulation 31 of the Commercial Tenancy Relief Scheme Regulations 2021 (Vic) applies, the parties agree that the Term of the Lease:

__ will be extended    __ will not be extended

Where the Lease is to be extended, the parties agree to an extension of ………………………………………

(Where no period is specified, and the term of the lease is to be extended, the extended term will be equivalent to the period for which rent is deferred)


COVID-19 RELIEF

Where the Commercial Tenancy Relief Scheme Regulations 2021 (Vic) applies:

(1)

Rent relief is to be, at a minimum, proportional to the tenant's decline in turnover.

(2)

Where this Agreement is made, or rent relief has been requested:

 

(a)

on or before 30 September 2021, the variation (rent relief) period will be deemed to have commenced on 28 July 2021,

 

(b)

after 30 September 2021, the variation (rent relief) period will commence on the date of the request by the tenant,

 

and in either case will cease on 15 January 2022 (unless agreed otherwise).

(3)

Where Regulation 29 (Mandatory reassessment of rent relief agreement) applies, this Agreement is to be re-assessed on 31 October 2021.


SIGNING

Note 3

The parties have worked co-operatively, acted reasonably and negotiated in good faith in all discussions with respect to this Agreement.

 

27 Aug 2021 v1.3

Additions / Changes:


HEADER

AGREEMENT FOR VARIATION TO LEASE

(Commercial/Retail)

Note: This form may be used for a variation of the lease and in particular also as a rent relief agreement, where the lessee is an ‘Eligible Tenant’ under an ‘Eligible Lease’ (as defined in the Commercial Tenancy Relief Scheme Regulations 2021 (Vic)). is experiencing hardship and is in need of assistance to maintain occupancy of the rental premises.


VARIATION

Rent Variation details:

Reduced rent $………………………… per      __ Week          __ Fortnight           __ Month

(See COVID-19 Relief Note 1)

Variation Period:  Commencing on …… / …… / …… and ending on …… / …… / …… inclusive.

(See COVID-19 Relief Note 2)

Rent Monies to be Repaid:   __ Yes    __ No         Amount: $ ……………… (unpaid monies)

(Where ‘Yes’ is selected, the attached Repayment Agreement shall apply.)

 

Extension of Term:

Where Regulation 31 of the Commercial Tenancy Relief Scheme Regulations 2021 (Vic) applies, the parties agree that the Term of the Lease:

__ will be extended    __ will not be extended

Where the Lease is to be extended, the parties agree to an extension of ………………………………………

(Where no period is specified, and the term of the lease is to be extended, the extended term will be equivalent to the period for which rent is deferred)


COVID-19 RELIEF

Where the Commercial Tenancy Relief Scheme Regulations 2021 (Vic) applies:

(1)

Rent relief is to be, at a minimum, proportional to the tenant's decline in turnover.

(2)

Where this Agreement is made, or rent relief has been requested:

 

(a)

on or before 30 September 2021, the variation (rent relief) period will be deemed to have commenced on 28 July 2021,

 

(b)

after 30 September 2021, the variation (rent relief) period will commence on the date of the request by the tenant,

 

and in either case will cease on 15 January 2022 (unless agreed otherwise).

(3)

Where Regulation 29 (Mandatory reassessment of rent relief agreement) applies, this Agreement is to be re-assessed on 31 October 2021.


SIGNING

Note 3

The parties have worked co-operatively, acted reasonably and negotiated in good faith in all discussions with respect to this Agreement.

 

28 Mar 2021 v1.2

Additions / Changes:


SIGNING

(2)

Immediately after expiration of the Variation Period (which includes a reasonable recovery period), rent will recommence at the Current Rent or at such other rent as may have been agreed to in the Lease and applicable to the period immediately after the Variation Period.

 

18 Jun 2020 v1.1

Additions / Changes:


SIGNING

(2)

Immediately after expiration of the Variation Period (which includes ‘a reasonable recovery period’), rent will recommence at the Current Rent or at such other rent as may have been agreed to in the Lease and applicable to the period immediately after the Variation Period.