Rouse Lawyers

- The Law Firm For Business Owners and Entrepreneurs -

Call us: (07) 3648 9900

  • Home
  • Expertise
    • Corporate & Commercial
    • Private Wealth & Tax
    • Franchising
    • Technology
    • Intellectual Property
    • Commercial Litigation
    • Employment Law
    • Estate Planning
    • Property Law
  • About
    • Our Team
  • Reviews
  • Articles
  • Careers
  • Legal Guide
  • Contact

Upcoming changes to NSW retail leasing laws

March 14, 2017

The NSW Parliament recently passed the Retail Leases Amendment (Review) Bill 2016 (“the Bill”) which has achieved royal assent and is expected to commence shortly. The Bill introduces reforms to the Retail Leases Act 1994 (“the Act”) that governs NSW retail shop leases.

Some of the ways which landlords and tenants will be impacted include:

  1. Minimum term: The requirement for a minimum lease term of 5 years will be removed.
  2. Registration: Leases with a term of more than 3 years will need to be registered. The lease will need to be lodged within 3 months after it is signed.
  3. Disclosure of outgoings: Landlords will have stricter disclosure obligations for outgoings contributions. A tenant will not have to pay an outgoing if it is not disclosed in the landlord’s disclosure statement.
  4. Non-retail premises: If a premises is used wholly for non-retail purposes then it will be excluded from the Act. This includes ATMs, vending machines, public telephones, children’s rides, internet booths, private post boxes and certain storage uses.
  5. Compensation: If a tenant exercises its right to terminate the lease during the first 6 months due to the landlord’s failure to give a disclosure statement or due to a defective disclosure statement, the tenant can recover compensation from the landlord. This includes the reasonable costs of entering into the lease and fitout costs.
  6. Mortgagee consent fees: Tenants will not be liable to pay the costs of the landlord obtaining mortgagee consent to the lease.
  7. Return of bank guarantees: Landlords will be required to return a tenant’s bank guarantee within 2 months after the tenant completes the performance of its obligations under the lease.
  8. Jurisdiction of tribunal: The monetary ...

    Continue Reading

Filed Under: Corporate & Commercial Tagged With: commerciallaw, corporatelaw, leasing, retailleasing

ENQUIRE NOW

Enter your details below to get in touch with a legal professional and find out how Rouse Lawyers can help

We add new contacts to Rouse Lawyers database. We may send you information or service offerings we believe may be relevant to you. If you agree to being contacted by us in the future, send your enquiry. Naturally, you can unsubscribe any time.

Client Reviews

"It's hard to find good lawyer that understands a "tech" business - Rouse Lawyers are that firm…"

“A Big Thank You” to Matthew & the Team at Rouse Lawyers – have assisted me & my business in so many different legal items – from wills to buying property/structuring our business/trademarks/negotiating large deals/spam/privacy issues/lease on our 4 different offices… It’s hard to find good lawyer that understands a “tech” business – Rouse Lawyers are that firm… so skilled in many areas.”

Andrew ReeceInspect Real Estate

“We highly recommend Rouse Lawyers”

“Camfil Farr is a multinational organisation and we use lawyers across the world. Rouse Lawyers, was chosen as alternative to the top tier, and have acted for us in a number of matters concerning our Australian operations. We have found their strategic advice and alternate approaches to the law to be highly valuable and unique. We highly recommend Rouse Lawyers”

Bruce LandfordCamfil Farr

"I would definitely recommend Robert Montes at Rouse Lawyers"

We approached Rouse Lawyers due to a shareholder dispute that we needed assistance with. This dispute was very upsetting to us as it involved other family members. Robert Montes was more than helpful with this tricky situation and we were able to solve all issues quite swiftly. Robert was very professional and was able to offer sound advice that greatly improved the outcome. I really liked the way in which he made us feel comfortable with talking to him and then the way in which he then dealt with and executed solutions. I would definitely recommend Robert Montes at Rouse lawyers to people who are looking for assistance and in particular with shareholder disputes. The experience as a whole was very positive and we were able to settle the dispute with minimum fuss.

Kris And Helen EleveldLifestyle Wardrobes

PRIVACY POLICY DISCLAIMER TERMS

BRISBANE OFFICE

Ph: +61 7 3648 9900

Fx: +61 7 3648 9911

Level 2, 22 Wandoo St, Fortitude Valley, QLD 4006

17-Page Guide Reveals:

How To Protect Your Business and Your Assets While Allowing Your Business To Thrive

Written by Matthew Rouse, commercial lawyer and founder of Rouse Lawyers.

17-Page Guide Reveals:

How To Protect Your Business and Your Assets While Allowing Your Business To Thrive

Written by Matthew Rouse, commercial lawyer and founder of Rouse Lawyers.

Sign Up To Our Newsletter