Government measures in key jurisdictions 5th edition - Flipbook - Page 109
Portugal
Establishments and facilities installed in shopping centres have in the meantime been
expressly excluded from the application of such regime.
•
Residential tenants eligible for purposes of deferral on the payment of rents, may defer
rent payment falling due in the period from 1 April 2020 up to the end of the month
following the termination of the state of emergency (i.e. June 2020), and the deferred
rents shall be paid in monthly instalments within 12 months after the deferment period
lapses. Furthermore, eligible residential tenants who have their “permanent residence”
in the property (and student tenants who have their permanent residence more than 50
km away from the let property) may, alternatively, request a loan without interest to the
Institute for Housing and Urban Rehabilitation, to cover the difference between the due
rent and the amount corresponding to the application of the effort rate of 35% to the
household income. Residential tenants with low income with an effort rate destined to
the payment of the rent higher that 35% and lower than 100%, shall benefit from a nonrefundable subsidy (calculated in accordance to the effort rate); if the effort rate is
higher than 100%, the loan is totally converted in a non-refundable subsidy.
•
Non-residential tenants eligible for purposes of deferral on payment of rents may defer
the payment of rents falling due (i) in the months during which the state of emergency is
in force, or (ii) up to the end of the 3 months following the reopening or the end of the
suspension of its activity (however, the deferral is not applicable to rents falling due
beyond 31 December 2020). The deferred rents shall be paid in 24 instalments, from
1 January 2021 up to 31 December 2022. The global amount of deferred rents accrued
for purposes of calculation of the due instalments excludes the overdue and paid rents
which shall be deemed as settled. The tenants that intend to benefit from such regime
shall communicate it to the landlord, which can propose a different payment
agreement. Favourable agreements executed between tenants and landlords before or
after the amendment to the deferral regime shall prevail over such regime; agreements
executed with worse terms and conditions than this regime may be terminated by the
tenants by serving a notification to the landlord within 30 days as of 21 August 2020.
Any clauses included in agreements entailing the waiver by tenants to rights provided
under this regime and the waiver to enforce legal action against the landlord,
or entailing the acceptance of increases to rent and duration of lease agreements are
deemed null and void.
•
Tenants that remain under lockdown (since March 2020 and, at least, until 1 January
2021): (i) the deferred rents due in 2020 shall be paid in 24 instalments from 1 January
2022 to 31 December 2023; (ii) the rents due in 2021 during the period of closure of the
establishments shall be deferred and paid in 24 instalments from 1 January 2022 to 31
December 2023.
•
Subsidies (“APOIAR RENDAS”): tenants that in 2020 suffered a decrease in turnover
between 25% and 40% shall receive a non-refundable support corresponding to 30% of
the rent, up to a limit of Ä1,200 per month; tenants that in 2020 suffered a decrease in
turnover higher than 40% shall receive a non-refundable support corresponding to 50%
of the rent, up to a limit of Ä2,000 per month.
•
Applicable regime to shopping centres: the payment of rents due by tenants of
establishments and facilities installed in shopping centres is governed by
the Supplementary Budget (approved by Law no. 27-A/2020, of 24 July), which
determines that up to 31 December 2020 it is only due the payment by tenants of the
variable rent (calculated on the shopkeepers’ sales), accrued with the service charge of
common expenses (being excluded the payment of the fixed rent). This regime is
applicable to the period between 13 March and 31 December 2020.
Government measures in key jurisdictions
109
