Before entering a lease, check if the Retail Leases Act 1994 applies. This law sets clear requirements for lessors and lessees that you cannot waive, even if your agreement tries to exclude them.
If you plan to sign a commercial lease that allows you to sell goods or services, understand the Retail Leases Act. It covers retail shop leases. These include any agreement that grants a right of occupation, whether exclusive or not, written or verbal.
Chris Lamont, the Small Business Commissioner, warns that many agreements look like retail leases but include terms to exclude the Act. These exclusions are often invalid. Lessors must recognize the risk that their agreements may violate the Act.
Lessees and lessors should seek independent advice before signing. The Retail Tenancy Guide provides helpful information, and the Commission is ready to assist. If disputes arise, the Commission offers a cost-effective mediation service to resolve issues quickly and efficiently.
