LEASES (COMMERCIAL AND RETAIL) ACT 2001 (NO 18 OF 2001)

Australian Capital Territory Numbered Acts

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LEASES (COMMERCIAL AND RETAIL) ACT 2001 (NO 18 OF 2001)

TABLE OF PROVISIONS

Long Title

PART 1--PRELIMINARY

1. Name of Act
2. Commencement
3. Notes

PART 2--INTERPRETATION

4. Dictionary
5. When is a lease entered into to work out timing for obligations under this Act?
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 Act?
16. Application of Act to pre-existing leases on registration of units plans
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 Disputes about leases no longer in force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

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
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 report

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

104. Minimum 5 year lease
105. Terms of extended leases
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 lease
113. Other rights etc unaffected by termination
114. Termination by agreement
115. Abandonment
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
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 extension
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
156. Order by Supreme Court on appeal

PART 15--MISCELLANEOUS

157. References to repealed Act or code
158. Regulation-making power

PART 16--TRANSITIONAL

159. Definitions for div 16.1
160. Pre-existing referrals
161. Provisions required to be included—application to pre-existing leases
162. Lessor's intentions about renewal
163. Preference to existing tenants
164. Provisions taken to be included—application to pre-existing leases
165. Application of Act to disputes under code
166. Approved handbook and pre-existing leases
167. Tribunal decisions
168. Application of this Act to leases code applied to
169. Transitional regulations
170. Modification of pt 16's operation
171. Expiry of div 16.1
172. Repeal
173. Amendment of Land Titles Act
174. Amendment of Magistrates Court Act
175. Amendment of Magistrates Court (Civil Jurisdiction) Act
176. Expiry of div 16.2
SCHEDULE
DICTIONARY

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