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.

A landlord is able to do work to a retail shopping centre. However, it must comply with the requirements the retail tenancy legislation imposes in relation to giving tenants notice and may be required to pay compensation to tenants.

A landlord is also able in some circumstances to relocate tenants and to terminate leases without offering alternative premises. However, these rights will not be implied into a lease and so must be specified in a lease to apply. The rights are also heavily regulated.

This subtopic examines the requirements of the Act that the landlord must comply with before doing work in a retail shopping centre or exercising rights under a relocation or demolition clause, the tenant's right to compensation and the consequences of a failure of a landlord to comply with the legal requirements.

See Landlord’s ability to do work to the centre/premises.

See Landlord must give tenant notice of alterations and refurbishment.

See Entitlement of tenant to compensation and ability of landlord to limit compensation.

See Relocation.

See Demolition.