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 Act regulates the circumstances in which a tenant can be required to contribute to a fund for the marketing or promotion of the centre and places reporting obligations on the landlord in relation to funds of this nature.

This subtopic examines the requirements a landlord must comply with if it requires a tenant to contribute towards a marketing or promotion fund and also other special requirements that apply to shopping centres, including strata shopping centres.

See Advertising and promotion requirements.

See Termination for inadequate sales.

See Geographical restrictions.

See Tenant’s associations.

See Trading hours.

See Strata/building unit plan/group title shopping centres.