The Queensland Civil & Administrative Tribunal (QCAT) found
a landlord and a tenant cannot just decide to "agree"
that the Retail Shop Leases Act 1994 (Qld) (RSLA) applies to their
lease in circumstances where the legislature has provided for the
RSLA not to apply.
Background
Tivoli Retail Pty Ltd (Landlord) rented premises to Metcash Food
& Grocery Pty Ltd (Tenant) by way of lease entered into on 15
June 2012 (Lease). In August 2016, discussion regarding market rent
could not be agreed on nor could a specialist retail valuer to
determine the rent and so a QCAT nominated a valuer who then
determined the market rent. The Landlord did not agree with the
valuer's determination and filed a Notice of Dispute seeking an
order to set the rental determination aside. The Tenant however,
applied to the Tribunal to strike out the Landlord's Notice of
Dispute on the ground the QCAT did not have jurisdiction to
determine the dispute because it is not a "retail tenancy
dispute"
