Retail leases act 1994 nsw pdf

If the determination of rent is not notified within 21 days before the end of the term of the lease, the lessee may exercise the option within 21 days after the determination is notified in writing to the lessee whether before or after the term of the lease , and the term of the lease is extended by the appropriate period to enable the lessee to exercise the option after the lease would otherwise expire.

Subsection 13 provides another opportunity to make an application for a review if the decision on the review is set aside. The decision is not otherwise reviewable by or appellable to the Tribunal.

Am No 95, Sch 2. Part 4 Alterations and other interference with the shop. Such a notice is referred to as a relocation notice. The rent for the alternative shop is to be the same as the rent for the existing retail shop, adjusted to take into account the difference in the commercial values of the existing retail shop and the alternative shop at the time of relocation.

Paragraph c only specifies the minimum entitlements that the lessee can insist on. It does not prevent the lessee from accepting other arrangements offered by the lessor when the details of a relocation are being negotiated. This section does not prevent the parties negotiating a new 5 year lease for the purpose of relocating the lessee.

Am No 90, Sch 1 [45] [46]. Part 5 Assignment and termination. This section and section 39 do not prevent the lessor and a proposed assignee entering into a new lease of the retail shop as an alternative to an assignment of the existing lease.

The decision period starts from when the request for consent was made by the lessee or from when the lessee has complied with the requirements of this section whichever is later. Subst No 2, Sch 1 [69].

Am No 90, Sch 1 [51]. Because such a statement is only a statement of intention, a lessee should be aware that it may not of itself bind the lessor. This allows the lessee 1 month to decide whether to accept the offer. The lessor may agree to hold the offer open for longer than 1 month. The parties may also negotiate a new lease. Part 6 Miscellaneous. Rep No 90, Sch 1 [54].

Ins No 2, Sch 1 [70]. Part 7 Additional requirements for retail shopping centres. Maximum penalty—20 penalty units. This does not prevent a lessee deciding to make an additional contribution towards advertising and promotion. It is good leasing practice for a lessor to require all lessees in the shopping centre to contribute towards advertising and promotion costs for the centre.

Rep No , Sch 1 [33]. This section does not prevent a lessor from encouraging lessees to become involved in marketing advisory panels.

Considering section 54 as an example of the operation of section 62— The provisions of section 54 are taken to form part of the by-laws for the retail shopping centre. The section will then operate to impose requirements on the lessor, the body corporate and the centre manager.

If advertising and promotion costs are charged to a lessee under the by-laws and not the lease, the lessor will have no obligations under section 54 because those amounts are not charged under the lease. The body corporate and the centre manager on the other hand will have the obligations that the lessor would otherwise have had. Part 7A Unconscionable conduct and misleading or deceptive conduct. Subst No 90, Sch 1 [60]. Division 1 Unconscionable conduct.

Am No 90, Sch 1 [61] [62]. Am No 90, Sch 1 [63]. Division 2 Misleading or deceptive conduct. Part 8 Dispute resolution. Division 2 Mediation. Before applying for formal mediation of a dispute parties are encouraged to approach the Registrar for preliminary assistance of the kind referred to in section There is no charge for this.

The first step in any dispute is to ensure that the parties have read their lease and have spoken to one another about their concerns in an effort to resolve the dispute. Division 3 Determination of claims by Civil and Administrative Tribunal.

Am No 31, Sch 1. Am No 90, Sch 1 [70]. Am No 90, Sch 1 [72]; No 2, Sch 1 [76]. Subst No 2, Sch 1 [77]. Am No , Sch 1 [52]. Rep No 95, Sch 2.

Am No 90, Sch 1 [77]—[79]; No 95, Sch 2. Am No 90, Sch 1 [80] [81]. Part 9 Ancillary interpretation provisions. Airport passenger terminal means a passenger terminal at the Airport. Am No 90, Sch 1 [82]. Am No 90, Sch 1 [83]. Part 10 General. Am No 12, Sch 1. Am No 2, Sch 1 [29] [79]; No 30, Sch 3. The Fines Act provides that, if a person issued with a penalty notice does not wish to have the matter determined by a court, the person may pay the amount specified in the notice and is not liable to any further proceedings for the alleged offence.

Am No 30, Sch 3. Schedule 1 Retail shop businesses. Beer, wine and spirit shops except where goods are for consumption on the premises. Dry cleaners, collection centres for dry cleaning or laundry services. Motor vehicle and motor cycle accessories shops excluding tyre shops and batteries shops. Restaurants, cafeterias, coffee lounges, food courts and other eating places. Sewing machine shops sewing materials, needlepoint and craft-related items.

Shops selling or engaged in providing any one or more of the following goods or services in relation to any person: accessories, baby wear, bags, caps, clothing, clothing alterations, underwear or sunshades. Shops selling or renting any one or more of the following goods: cassettes, musical instruments, pre-recorded tapes, records, video tape and pre-recorded music libraries downloading, CDs, DVDs or other like products.

Shops selling or renting any one or more of the following goods: telecommunication mobile phones or services , televisions, videos, home entertainment systems, software, electronic games, computers or computer products or household appliances. Stamps and stamp collection shops whether for purchase or sale or both. Any other business as from time to time may be prescribed by the regulations. Schedule 1A Excluded uses. Car parking not being car parking provided as part of the business of a car park.

Display of signage not including the use of premises from which signage is sold. Storage of goods for use or sale in a retail shop not including storage on premises from which goods are sold. Schedule 2 Lessor and lessee disclosure statements.

Part A. Key disclosure items. Is rent based on turnover payable by the lessee in year 1? Total estimated outgoings and promotion and marketing costs for the lessee in year 1 see Part 5 and Part 6. Does the lessee have an option to renew for a further period? Does the lease provide the lessee with exclusivity in relation to the permitted use of the premises? Part 1 Premises. Attach the plan to this disclosure statement as per item Will a survey be conducted? Length of option. Part 3 Works, fit-out and refurbishment.

Part 4 Rent. Note, the lease must specify the method by which a rent based on turnover is to be determined. Part 5 Outgoings. Estimates are for the accounting period of the lessor that is current when this disclosure statement is given or if this disclosure statement is given less than 1 month before the start of the next accounting period of the lessor for that next accounting period.

Part 6 Other costs. Part 7 Alteration works including renovations, extensions, redevelopment, demolition. Part 8 Trading hours. Part 9 Retail shopping centre details. This Part must only be completed if the premises are in a retail shopping centre as defined in section 3 of the Retail Leases Act Annual estimated turnover for specialty shops, per m 2 where collected.

Part 10 Other disclosures. Part 11 Lessor acknowledgements and signature. Part 12 Lessee acknowledgements and signature. By signing this disclosure statement, the lessee confirms and acknowledges that the lessee received this disclosure statement. Are the premises affected by outstanding notices by any authority?

It is important that a lessee seek independent legal and financial advice before entering into a lease. Part 13 Attachments. Advice to the lessor.

At the directions hearing, a Tribunal Member will talk to you and the other party about the best way to deal with your application. The Member will assist you and the other party to agree on a timetable for exchanging evidence and documents which are relevant to the claim. NCAT hearings are less formal than court hearings. Generally, the applicant will present their case first and then the respondent will present their case.

Parties in a retail lease case before NCAT are entitled to legal representation without requiring leave of the Tribunal. NCAT does not deal with disputes about the appointment of specialist retail valuers. NCAT cannot provide legal advice. Find out how we can and cannot assist.

Below are some organisations that can provide help or advice about your case. Skip to content Skip to search. Global Search. Megamenu mobile nav Welcome to ddt. How NCAT works. Forms and fees. Publications and resources. Help and support. About NCAT. How NCAT works Read about the steps you need to take to resolve your case from application to decision. Publications and resources Publications and resources to help you learn how NCAT works and resolve your case in a timely, cost-effective and efficient way.

Help and support Information about the help and support available at NCAT and in the wider community. Home Back. Home Case types Consumers and businesses Retail leases. Retail leases. Retail leases application form PDF , Fees Fees are payable for retail lease applications. Time limits You must apply to NCAT within 3 years after the liability or obligation that is the subject of the claim arose, or after the alleged unconscionable conduct occurred.

What happens next NCAT will send you and the other party a notice of hearing with the date, time and location at which the matter will be heard. Directions Retail leases cases are generally listed for directions. Hearing NCAT hearings are less formal than court hearings. Legal representation Parties in a retail lease case before NCAT are entitled to legal representation without requiring leave of the Tribunal.

Orders about retail tenancy claims under section 72 include: payment of money completion of works required under a lease orders of possession of the premises declaration as to the rights, obligations and liabilities of the parties return of bond money.