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GUIDE: Covid Contingency Plans

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There is no general requirement in law to have a covid-19 contingency plan (Plan), let alone provide one to your landlord. Therefore any requirement to provide a Plan to your landlord would need to be included in the terms of the lease. You would need to review your lease to determine whether you are specifically required to provide your landlord with a Plan. It could be that a particular lease refers to other documentation such as a set of management rules which provide for such an obligation. There could also be correspondence between the landlord and you (the tenant) in which you have agreed to provide the Landlord with a Plan.

In the event of further lockdowns or Level changes, depending on the terms of the lease and any other documentation, there is no general requirement in law to adhere to a contingency plan.

The landlord may have obligations to their insurer on providing a Plan, however it does not change the fact that there is no obligation to have a Plan unless such a requirement is included in the terms of lease or other documentation relating to the lease (including management rules and/or correspondence accepted by the tenants). If there is an obligation to provide a Plan in the lease or other documentation comprising the lease then not providing one would be a breach of the lease and the consequences would, again, depend on the terms of the lease.

A landlord may decide to request financial contingency plans from tenants but, as with Covid-19 Plans, the tenant will not be required to provide one unless it is a requirement under the terms of the lease or if the tenant has agreed to provide it, for example as part of its agreement for rent concessions or other arrangements.

In summary, if you are unsure on your obligations, review (or have a lawyer review) the lease and any other documentation or correspondence relating to the lease to check what your obligations are. Even if there is no obligation to provide a Plan you might find it prudent overall from a health and safety or commercial perspective, to have a Plan in place. You may also find it prudent from a landlord/tenant relations perspective to provide it to the landlord. However, these are commercial decisions for you to make.

Click here for a Covid-19 Safety Plan template from Worksafe which may be of use as a template in the event that you provide a Plan to your landlord and the Covid Contingency Plan guide.


There are further resources at the Covid-19 Hospitality Hub

Please contact the Helpline if you need assistance with this or have any other queries.

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