Additional conditions may be included and the agreement must comply with the Residential Tenancies Act 1997. Landlords and tenants should always check their lease to see if it says what happens if the property is damaged. The Australian Department of Finance`s brochure “Look before you lease: Avoid the pitfalls in retail leasing” is aimed at people who are considering signing a new lease for a business site. It can help answer general questions about retail leasing throughout Australia, but remember that there are some specific differences between states and territories. If a retail lease agreement includes a provision for rent, determined in whole or in part by reference to the business` turnover, the tenant should receive a copy of the notice of vote form before including the disposition. The tenant has the choice to base the rent on the turnover and must fill out this form and make it available to the owner. If your lease was entered into before July 1, 1999, certain provisions of the law may not apply. For more information, please contact the Small Business Development Corporation. To which cases does this law apply? The law focuses on retail trade; However, rental contracts for certain non-businesses, such as.B. shopping mall businesses and other specific businesses, are also covered by the law. The law generally applies to contracts for the rental of premises with an area of 1000 m2 or less and is used for the exercise of a commercial activity and is located in a retail shopping centre (a group of premises of which 5 or more are used for the sale of goods by the retail trade or by a given enterprise); not in a retail shopping centre, but which are used (or used primarily) for the sale of goods by the retail trade; or used to perform a “specific activity”. The rules define what is considered a “specified establishment” on January 1, 2013, i.e., dry cleaning; hairdresser; cosmetic surgery and treatments; Shoe repair (which may include key cuts and engravings); and the sale or rental of videotapes, DVDs, electronic games and other similar entertainment.
The law provides that certain retail businesses with an area of more than 1000 m2 can be taxed, which are also covered by the law. In principle, the law does not apply to leases of listed companies. What is the Commercial Tenancies Act? The purpose of the Act is: to regulate commercial leases with respect to retail leases; to enable the resolution of disputes and the resolution of issues arising from a lease agreement through access to other mediation and dispute resolution mechanisms at a lower cost, offered by the Small Business Commissioner and the State Administrative Tribunal; and prohibit unscrupulous, misleading and deceptive conduct with respect to retail businesses. The law focuses mainly on the need for transparency of information and fairness in the contract, by obliging the lessor to provide the tenant with a disclosure statement and a rental guide; establish a consistent and fair rent verification process; including special requirements for the payment of turnover or rent as a percentage; give most tenants the right to a minimum rental period of up to 5 years; regulating the allocation of indicated rental costs (operating costs) among tenants; cancel certain provisions of a rental agreement – for example. B a provision requiring the tenant to open at certain times obliging landlords to notify tenants of the date on which an option to renew a lease can no longer be exercised; and prohibit landlords from passing on part of their legal fees to tenants….