Retail Tenancies - State by State

Key Points:

For retail landlords and tenants, retail tenancy legislation in Australia can be quite daunting. This is not assisted by the fact that each State has its own retail tenancy legislation which is not consistent on a national basis.

To assist retail landlords and tenants to navigate the legislation, we have updated our user friendly analysis of retail tenancy legislation in Australia.

The 2006 analysis compares important provisions of the New South Wales legislation against legislation in each of the other States and Territories and is an update of our popular Retail Tenancies Comparative Analysis 2005.

Key New South Wales changes include amendments affecting the:

• pre-lease stage
• operation of leases
• market rent review
• retail lease bond scheme
• lease assignment
• dispute resolution mechanism.

Clayton Utz have extensive expertise in acting for landlords and tenants on retail and commercial tenancy matters and on commercial property acquisitions, joint ventures, sales and development matters generally.

To see a snapshot of retail tenancies legislation across Australia and a comparison of the main provisions of the legislation of different States and Territories, please see the Clayton Utz Retail Tenancies Comparative Analysis 2006.