Commercial Retail Shop Tenancy leases and laws
Retail tenancy laws through out Australia have been developed to protect the interests of small business consumers and to assist in levelling the playing field for the parties involved. They seek to provide this protection by making sure that prospective tenants have sufficient information to make a sound business decision about entering into or renewing a Retail Shop Lease rental Agreement.
The type of lease you enter into will depend on a number of factors, including the premises itself and what you wish to use it for. Each state has its own Legislation or Act that defines the type of premises and whether the act will apply. Whether you are a landlord or a tenant its imperative you understand your rights and obligations under the relevant Act and honour your obligations under the lease agreement to ensure you stay out of the legal minefield.
The retail tenancy law is very clear in most Australian states:
A landlord in a retail lease must not, in connection with the lease, engage in conduct that that is misleading or deceptive to a tenant or guarantor. A party who suffers damage by reason of misleading or deceptive conduct of another party may make a claim for compensation.
Because the laws are different in each state we’ve outlined the requirements of each state on the following pages
- New South Wales
- Victoria
- Queensland
- Western Australia
- South Australia
- Northern territory
- Australian Capital territory
- Tasmania
All of your rights and obligations are contained within the following Acts.
- New South Wales: The Retail Leases Act 1994
- Northern Territory: Business Tenancies (Fair Dealings) Act.
- Victoria: Retail Leases Act 2003 and the Retail Leases (Amendment) Act 2005
- Western Australia: Commercial Tenancy (Retail Shops) Agreements Act 1985
- Queensland: Retail Shop Leases Act 1994
- South Australia: Retail and Commercial Leases Act 1995
- Tasmania: Fair Trading (Code of Practice for Retail Tenancy) Regulations 1998
- ACT: Tenancy Tribunal Act 1994 and the Commercial and Retail Leases Code of Practice.
Commercial Retail Shop Tenancy rental lease agreement contracts and laws