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ARTICLE · 25 MAY 2025

Beware Retail Lease Dis­close Statements

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The Disclosure Statement contains important information about the premises and the commercial terms of the lease.

AustraliaReal Estate and Construction
Vikki Kopp
Vikki Kopp
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Before aretail lease is entered into, theRetail Leases Act1994(NSW) (theRLAct) requires alandlord to give asigned Lessor's Disclosure Statement (Disclosure Statement) to the tenant. The Disclosure Statement contains important information about the premises and the commercial terms of the lease-such as the permitted use, the rent and the tenant's contributions to outgoings (ifapplicable).

When alandlord wants to rent out their property, it is important that they firstly consider if the premises are commercial or retail premises as this will determine the type of lease to be entered into. Section4and Schedule1of theRetail Leases Regulations2022(theRLRegulations) define what type of businesses are determined to be aretail shop business and are thus covered by theRLAct.If the premises are determined to be aretail shop, theRLAct requires the landlord to provide to the tenant aDisclosure Statement at least7days before the lease is entered into. If the landlord fails to

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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