Managing Director: Rents are in any case covered by Corona liquidity assistance.
From the point of view of the state corona aid agency COFAG, courts must clarify the question of whether companies closed in the corona lockdown have to pay rent or not. “There is then clarity through a court ruling,” said COFAG managing director Bernhard Perner in an interview with the APA.
In any case, the rent of corona liquidity aid will be included. Tenants should only transfer the rent with reservation: for any later claims – their own and COFAG.
Too much help can be reclaimed
“We transfer the rents immediately, give out liquidity to promote the rents,” said Perner. But there is a caveat. And that in case it turns out in retrospect that the rent may have been paid too much. If that is the case, COFAG can claim back the “excess part” for the rent and thus for the liquidity aid.
“That is why we also urge tenants to only pay rents to the landlord under reserve.” In this way, the tenant secures all rights. He doesn't have to push the rent to get help.
“Quick and uncomplicated” help
Because of this “problem of legal certainty”, whether at all or how much less rent has to be paid by officially closed companies, a method was chosen with which the aid could be paid out “quickly”. But later, when legal clarity has arisen through court rulings, it can also be re-directed if too much has been paid out.
“We always wanted to provide quick and uncomplicated help – but optimally protect the rights of taxpayers,” said the other COFAG managing director Marc Schimpel.
Criticism from SPÖ and NEOS
The SPÖ and NEOS had recently criticized the government for not clarifying how to deal with the renting or leasing of closed companies. SPÖ economics spokesman Christoph Matznetter referred to two first instance judgments according to which tenants do not have to pay, but there is still no OGH judgment. NEOS counterpart Josef Schellhorn reminded that the NEOS would have wished for loss compensation.
The current state of affairs was also criticized by the Landtmann cafetier Berndt Querfeldt and other restaurateurs. Among other things, they located a dilemma between rent payments and corona aid, which COFAG does not believe.
