Application
The Commercial Tenancy (Retail Shops) Agreements Act 1985 applies to any lease, licence or agreement (written or otherwise) for the occupation of premises which are:
retail shops of 1000m2 or less
used for conducting a business in a shopping centre
used for the retail sale of goods or other s...
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Disclosure
The Act contains provision for the disclosure of all material information by a landlord to tenants:
if a disclosure statement is not given at least seven days before the lease is entered, or the disclosure statement is false or misleading, the tenant may terminate the lease within 60 days after i...
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Key money and goodwill
Landlords are prevented from seeking key money or goodwill from a tenant and any amounts paid can be recovered by the tenant.
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Assignment and sub-leasing
For leases entered after 1 September 1985 and up to 29 November 1990 the parties must comply with the relevant clauses in the lease. The Act was amended in 1990 and leases entered on or after 30 November 1990 are bound by new clauses:
a tenant can assign a lease subject only to the landlord's rig...
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Rent reviews
The Act contains a number of provisions dealing with rent reviews however:
a rent review provision is void if it does not set out the basis of, or formula for, the review
if there is a market review the rent must be determined on the basis of unoccupied premises for a use permitted by the lease...
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Variable outgoings and contributions to landlord's expenses
For all new leases and extensions of existing leases entered on or after 1 July 1999 a new method of apportioning operating expenses details a rationale to limit tenant contributions to valid landlord expenses.
The upper limit the tenant can reasonably be asked to contribute is known at the relevan...
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Security of tenure
The Act provides for tenants to obtain a minimum period of five years occupancy:
except where the tenant has been in occupation for at least five years, or if any extension would be inconsistent with the term of a head lease, there is a statutory option to bring the total to five years
the stat...
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Compensation by a landlord
In certain circumstances, shopping centre tenants can receive compensation from a landlord where there has been:
substantial inhibition of tenant access to the premises
substantial inhibition/alteration of customer flow to the shop
action or failure to act, causing significant disruption of, ...
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Act prevails
A lease provision which purports to exclude the Act's application, restrict reference to the Registrar, or is otherwise inconsistent with, or contrary to, the implied provisions of the Act is void....
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Dispute resolution
The Act provides mechanisms for dispute resolution between tenants and landlords by the Commercial Registrar of the Commercial Tribunal:
parties to a lease subject to the Act may refer any question arising from the lease to the Registrar
the Registrar, after allowing the parties to make submiss...
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