In addition to industry experts such as lawyers, experts, accountants and tenant lawyers, the government has put in place a framework to support retail and business traders. In January 2013, amendments to the Retail Shops Act came into force in 1985. The Act governs a large proportion of commercial rents in Western Australia and sets out the rights and obligations of tenants and landlords under existing lease agreements. If your commercial lease comes within the scope of the law, it is important that you know where you are under the new laws. The Consumer Protection Advice Line can advise you on the guidelines, contents and verification aspects of retail and commercial sales legislation. Authorized copies of the Retail Shops Act 1985, amendments and associated rules can be obtained from the State Law Publisher Telefon (08) 6552 6000. The SBDC can provide general advice on commercial rentals. The following information is not a complete notice of the law or a replacement for a notice. However, it is important that all parties involved in retail leasing, such as tenants, property owners and commercial property managers, are aware of these laws. The State Administrative Court is competent to provide a mediation service and adjudicate disputes concerning retail and commercial property rental cases, telephone: 9219 3111 The law has been amended in recent years and entered into force on 1 January 2013. All of these changes do not apply to leases entered into before that date. We have created a series of publications on commercial leasing to answer frequently asked questions about the law, which are specifically for before and after the 1st. leases concluded on 1 January 2013.
To which cases does this law apply? The law focuses on retail trade; However, rental contracts for certain non-businesses, such as.B. shopping mall businesses and other specific businesses, are also covered by the law. The law generally applies to contracts for the rental of premises with an area of 1000 m2 or less and is used for the exercise of a commercial activity and is located in a retail shopping centre (a group of premises of which 5 or more are used for the sale of goods by the retail trade or by a given enterprise); not in a retail shopping centre, but which are used (or used primarily) for the sale of goods by the retail trade; or used to perform a «specific activity». The rules determine what was done on the 1st is considered a «specified operation» on January 1, 2013, i.e. dry cleaning; hairdresser; cosmetic surgery and treatments; Shoe repair (which may include key cuts and engravings); and the sale or rental of videotapes, DVDs, electronic games and other similar entertainment. The law provides that certain retail businesses with an area of more than 1000 m2 can be taxed, which are also covered by the law. In principle, the law does not apply to leases of listed companies. What is the Commercial Tenancies Act? The purpose of the Act is: to regulate commercial leases with respect to retail leases; to enable the resolution of disputes and the resolution of issues arising from a lease agreement through access to other mediation and dispute resolution mechanisms at a lower cost, offered by the Small Business Commissioner and the State Administrative Tribunal; and prohibit unscrupulous, misleading and deceptive conduct with respect to retail businesses. The law focuses mainly on the need for transparency of information and fairness in the contract, by obliging the lessor to provide the tenant with a disclosure statement and a rental guide; establish a consistent and fair rent verification process; including special requirements for the payment of turnover or rent as a percentage; give most tenants the right to a minimum rental period of up to 5 years; regulating the allocation of indicated rental costs (operating costs) among tenants; cancel certain provisions of a rental agreement – for example. B a provision requiring the tenant to open at certain times obliging landlords to notify tenants of the date on which an option to renew a lease can no longer be exercised; and prohibit landlords from passing on part of their legal fees to tenants….