What's happening?
Retail leases are subject to specific legislation in NSW that provides additional protections and disclosure requirements beyond a standard commercial lease. Whether a particular premises is classified as retail can affect what disclosure and process obligations apply to the landlord.
What could it mean for me?
- Retail legislation can impose mandatory disclosure obligations on landlords
- Certain provisions of a lease may not be enforceable if they conflict with the legislation
- Fit-out and outgoings arrangements are common areas of dispute
- Renewal and rent review mechanisms are often heavily negotiated
What are my options?
- Confirm whether the premises falls within the retail leases legislation
- Review any disclosure statement provided before entering the lease
- Negotiate rent review and renewal terms carefully
What happens next?
- Confirm the classification of the premises
- Review the lease and any disclosure statement
- Raise and negotiate any concerns
- Finalise and execute the lease
How can MGE Lawyers help?
We advise landlords and tenants on retail lease terms and the additional obligations that can apply under current retail leasing legislation.