The rights and obligations of lessors/landlords and lessees/tenants in the retail lease environment are not only impacted by the contractual lease obligations that exist in the individual lease, but are also governed by the Retail Leases Act 1994 (NSW) (the Act).
Section 7 of the Act provides that the Act operates “despite the provisions of a lease”. In addition, a “provision of a lease is void to the extent that the provision is inconsistent with a provision of this Act.”
The Act has a myriad of provisions impacting retail leases including sections relating to entering into a lease, security bonds, rent and outgoings, alterations and other interference with the shop, assignment and termination, unconscionable conduct and misleading or deceptive conduct and dispute resolution.
Whether you are a landlord/lessor or tenant/lessee it is important to obtain early legal advice regarding your rights and obligations. For an obligation free discussion please call McAuley Lawyers on (02) 9633 1826 or email reception@mcauleylawyers.com.au.
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