Retail landlords and tenants beware! Are you ready for the new retail leasing changes coming?

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As I indicated in our last newsletter there are a number of changes coming to retail leasing on 1 July this year. This month we look at the other important changes coming

The 5 other changes relevant to you are:

  1. Certain non retail uses are now excluded from the Act
    • ATM s vending machines communication towers public telephones and similar uses are now excluded from the legislation under a schedule to the Act
  2. Agreements to lease
    • There have been changes made so that agreements to lease are now covered by the Act so that a disclosure document will need to be provided up front with one of these.
  3. Penalty notices
    • The Act will now mean that penalty notices can be issued by relevant authorities for breaches of the Act . If you are served with one of these you can elect to pay the penalty or contest it in s court
  4. Appointment of specialist retail values
    • The registrar can appoint a panel of valuers to determine market rent under the Act
  5. On line transactions
    • Income from on line transactions is not to be included in any calculation of turnover rent except in exceptional circumstances

There are some further more minor changes. The most fundamental change and the elephant in the room is in respect of disclosure of outgoings in the lessors disclosure document. This will need to be very carefully managed by landlords and their solicitors to ensure no nasty surprises down the track if this article is of interest to you please contact PBL Law Group to discuss further.

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Raea Khan Circle
Director Lawyer
Raea Khan

Raea is Managing Director and Principal Lawyer for PBl Law Group. Raea assists clients with major projects, property developments, construction and strata law.

He has worked in Western Australia and Queensland assisting with expansion projects in the energy and resource sector and now predominately advises clients in Strata and Community Association matters.

He is a member of the Australian College of Strata Lawyers where majority of his work is advising developers and owners corporations with dispute related minor and major defects, strata governance and common property litigation. He is proficient at leading negotiations and meetings.

Raea has a particular interest in the commercial aspect of any dispute and always tries to weigh up the risk, reward and benefit of legal proceedings at each different stage.

Raea enjoys all forms of competitive sport, including Crossfit and actively participates in Triathlons, representing Australia as an age group athlete. He was a member of Red Head Surf Lifesaving club.

  • Strata Law
  • Construction & Major Projects
  • Commercial and Business Law
  • Planning & Environment Law