Retail Leasing Update  New South Wales

Retail Leasing Update
New South Wales

The Retail Leases Amendment (Review) Act 2017 (NSW) was assented to on 1 March 2017. With one exception, it continues a long tradition of nit-picking review, combined with a failure to address necessary reform. Endemic problems with the retail legislation are: a disclosure rigmarole that is so bureaucratic and cumbersome that it fails to provide meaningful disclosure and simply ties the landlord up in knots. The Amending Act has made these problems worse, not better; its spread. The Act requires landlords to treat muscled-up tenants like wood ducks. The Amending Act has not…Read more
Retail legislationMission failure again

Retail legislation
Mission failure again

Sometimes the retail legislation throws in a real curve ball, just to keep you guessing. One of my personal favourites is s17 of the NSW Act (copied in s31 of the Victorian enactment). s31 (1) This section applies to a retail shop lease if: (a) the liability of the lessee to pay rent under the lease commences on the lessee entering into possession of the retail shop … The section goes on to provide that the lessee is not liable to pay rent until the lessor has complied with the lessor’s fitout obligations.…Read more