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.

The procedure for assigning (or transferring) a retail lease and the circumstances in which a landlord can refuse to consent to an assignment are highly regulated by the Act.

This subtopic examines the required procedure and the circumstances in which a landlord is entitled to refuse consent to assign the lease.

See Assignment.