Lease - Retail (WA)
The Commercial Tenancy (Retail Shops) Agreements Act 1985 (WA) (the Act) regulates retail and other commercial tenancies in Western Australia.
The Act requires the parties to a retail lease to comply with its provisions where the premises:
- is no greater than 1000 square metres in area;
- is tenanted by a private business (as opposed to a publicly listed company or a subsidiary of one);
- is tenanted by a non-retail business which is located in a shopping centre (of 5 or more retail shops or specified businesses);
- or where the business carried out by the lessee is a specified business such as a dry cleaning, hairdressing, beauty therapy, shoe repair, video store or some petrol station agreements.
The Act principally focuses on the information to be provided to the Lessee and fairness of the terms of the lease by:
- requiring a disclosure statement by the Lessor to the Lessee;
- establishing a consistent and fair process for rent reviews;
- giving the Lessee an entitlement to a minimum lease period of up to 5 years;
- regulating the distribution of specified landlord expenses to tenants; and
- providing access to alternative lower cost mediation and dispute resolution mechanisms offered by the Commercial Tribunal at the Ministry of Justice.
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