LEASES (COMMERCIAL AND RETAIL) ACT 2001
LEASES (COMMERCIAL AND RETAIL) ACT 2001
TABLE OF PROVISIONS
Long Title
PART 1--PRELIMINARY
1. Name of Act
3. Notes
PART 2--INTERPRETATION
4. Dictionary
5. When is a lease entered into to work out timing for obligations under this
6. When is a lease taken to be renewed for this Act?
7. When are premises commercial or retail premises?
8. What are shopping centres?
9. What is a change of use lease?
10. What is a continuous occupation lease?
11. What is an excluded area?
PART 3--APPLICATION
12. What leases does this Act apply to?
13. How to work out the lettable area of premises
14. Application to change of use leases
15. Is assignment the same as entering into lease for working out application of
16. Application of Act to pre-existing leases on registration of units
17. Disputes
18. Disputes about leases no longer in force
PART 4--RELATIONSHIP BETWEEN ACT AND LEASES
19. Void provisions
20. Included provisions
21. Recovery of GST
PART 5--CONDUCT OF PARTIES
22. Prohibited conduct in dealings
23. Lease costs
24. Notice of acceptance of lease offer
25. Provision of copy of lease to tenant
26. Independent legal advice
27. Tenant not required to pay fees
PART 6--NEGOTIATIONS
28. Copy of proposed lease to be provided
29. Notice—short minimum term
30. Disclosure statements
31. Form of disclosure statements
32. Return of disclosure statement
33. Disclosure statement and acknowledgment not lease or offer
34. Notice of material changes
35. Notice about handbook
36. False or misleading representations
37. Compensation for negotiation misrepresentations
38. Key money prohibited
PART 7--BONDS AND GUARANTEES
39. Maximum level of bond
40. Guarantees and indemnities
41. Bank guarantee as bond
42. Dealings with bonds
43. Deductions from bonds
44. Repayment of bonds
45. Return of guarantees
PART 8--RENT
Division 8.1--General
46. Discretionary rent review
47. Frequency of rent reviews
48. Commencement of payment for rent
49. Rent setting or review if lease method void
50. Lease to state date rent review due
51. Rent on renewal
52. Market rent—rent reviews, options and renewals
53. Valuation to work out market rent
54. Working out market rent
55. Rent pending valuation—rent reviews and options to extend
56. Extension if rent on renewal to be worked out
57. Appointment of new valuer if conflict of interest disclosed
58. Appointment of new valuer in other cases
59. Disclosure of concessions
60. Costs of valuations
Division 8.2--Turnover rent
61. Combination of base and turnover rent acceptable
62. Adjustments to turnover rent
63. Frequency of adjustments to turnover rent
64. Working out turnover rent
PART 9--OUTGOINGS
65. Outgoings—estimates and expenditure statements
66. Outgoings—reports
67. Adjustment of contributions to outgoings
68. Methods of accounting
69. Commencement of payment for outgoings
70. Recoverable outgoings
71. Recovery of outgoings
72. Retail areas of shopping centres—waiving auditor's
PART 10--BUILDING ALTERATIONS AND RELATED MATTERS
73. Employment restriction
74. Refurbishment of premises
75. Undisclosed contributions
76. Capital costs
77. Depreciation
78. Demolition
79. Alterations and refurbishments to or affecting premises
80. Emergency alterations
81. Compensation for disturbance
82. Compensation to reflect any concessions
83. Shopping centre enlargement not grounds for compensation
84. Damaged premises unable to be used
85. Damaged premises able to be used
86. Dispute about payment or nonpayment of rent and outgoings
87. Dispute about useability of damaged premises
88. Notice of lessor's intentions regarding repair
89. Termination by lessor because of damage
90. Termination by tenant because of damage
91. Compensation for incomplete repair
92. Agreement to terminate
PART 11--ASSIGNMENTS, SUBLEASES AND MORTGAGES
93. Provision of disclosure statement by tenant
94. Lessor to provide disclosure statement
95. Request for consent to assignment, sublease or mortgage
96. Lessor may require relevant information and documents
97. Mortgagees and head lessors
98. Unreasonable refusal by mortgagee or head lessor
99. Lessor's consent or refusal
100. Refusal to consent to assignment or sublease
101. Refusal to consent to mortgage of lease
102. Lessor may recover costs
103. Tenant and guarantor released from liability
PART 12--EXTENSION, RENEWAL AND TERMINATION OF LEASES
Division 12.1--Extension
104. Minimum 5 year lease
105. Terms of extended leases
Division 12.2--Renewal
106. Objects of div 12.2
107. Lessor's intentions about renewal
108. Rules of conduct at end of lease term for shopping centre leases
109. Implementation of preferential right
110. Notice of absence of right of preference
111. Certified exclusionary clauses
112. Fair dealing between lessor and tenant about renewal of shopping centre
Division 12.3--Termination generally
113. Other rights etc unaffected by termination
114. Termination by agreement
115. Abandonment
Division 12.4--Termination by tenant
116. Tenant's right to terminate extended lease
117. Right to terminate—no disclosure statement etc
118. Failure to notify material change in disclosure statement
119. Lessor may contest termination
120. Effect of uncontested termination notice
121. Effect of contested termination notice
Division 12.5--Termination by lessor
122. Procedure for termination of lease by lessor etc
123. Confirmation of contested termination
124. Confirmation of uncontested termination
125. Content of termination orders
126. Content of warrants for eviction
127. Issue of warrants for eviction
PART 13--RETAIL AREAS OF SHOPPING CENTRES
128. Application of pt 13
129. Provision and use of turnover figures
130. Statistical information to be available to tenant
131. Advertising and promotion levy—new leases
132. Advertising and promotion levy—other leases
133. Amount not spent to be kept for benefit of tenants
134. Non-specific outgoings contribution
135. Consultation before redevelopment
136. Relocation clauses
137. No relocation other than for repairs, refurbishment, redevelopment or
138. Relocation for repairs, refurbishment, redevelopment or extension
139. Changing core trading hours
140. Tenants trading outside core trading hours
141. Geographical restrictions void
142. No termination for inadequate sales
PART 14--DISPUTE RESOLUTION
143. Definitions for pt 14
144. Jurisdiction
145. Applications that may be made
146. Timing of rental applications
147. Action on receiving application
148. Resolution of dispute likely
149. Resolution of dispute unlikely
150. Hearings
151. Procedures
152. Transfer to Supreme Court
153. Notice of orders
154. Costs
155. Appeals to Supreme Court
PART 15--MISCELLANEOUS
157. References to repealed Act or code
157A. Approved forms
158. Regulation-making power
SCHEDULE 1
DICTIONARY
ENDNOTES