Catherine Hallgath, Partner, Mills Oakley Lawyers

NOTE: Retail leasing in NSW is governed by the Retail Leases Act 1994 (NSW) (Act). The Retail Leases Amendment (Review) Bill 2017 (NSW) (Bill) was passed by both houses of Parliament on 21 February 2017. It is to commence on a day to be appointed by proclamation and is awaiting Assent. The anticipated date for Assent is 1 July 2017, but this date has not been confirmed. The guidance notes within this topic will be updated to reflect these proposed changes at the time of Assent. In the meantime, the NSW Practical Guidance Property author, Catherine Hallgath, has drafted an outline of the proposed changes under the Bill to assist subscribers in understanding and preparing for commencement: Retail Leases Act 1994 (NSW) proposed changes.

This subtopic provides a checklist for the procedure for entering into and finalising a retail lease in each state and territory including detail in relation to the timing for provision of and the format of the required disclosure statement, how to avoid the provisions of the Act (if any) which provide that a tenant is entitled to a minimum five year term (there are no such provisions in Queensland), the items a tenant should provide to a landlord before taking occupation of retail premises and examines the consequences of a failure to comply with the procedure.

See New South Wales — Procedure for entering into and finalising a lease.

See Victoria — Procedure for entering into and finalising a lease.

See Queensland — Procedure for entering into and finalising a lease.

See Western Australia — Procedure for entering into and finalising a lease.

See South Australia — Procedure for entering into and finalising a lease.

See Tasmania — Procedure for entering into and finalising a lease.

See Northern Territory — Procedure for entering into and finalising a lease.

See Australian Capital Territory — Procedure for entering into and finalising a lease.