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ARTICLE · 03 MARCH 2011

New Uniform Landlord Disclosure Statement for Retail Tenancies

HWL Ebsworth
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On 1 January 2011, New South Wales, Queensland and Victoria jointly adopted a new national harmonised landlord disclosure statement. This move was the result of a Federal Government initiative to enhance consistency of the retail tenancy regulatory framework and harmonise retail shop disclosure requirements.

AustraliaReal Estate and Construction
Corinne Attard
Corinne Attard

Introduction

On 1 January 2011, New South Wales, Queensland and Victoria jointly adopted a new national harmonised landlord disclosure statement. This move was the result of a Federal Government initiative to enhance consistency of the retail tenancy regulatory framework and harmonise retail shop disclosure requirements.

The new disclosure statement is also designed to help tenants make more informed decisions, by requiring landlords to provide more information about the tenant's rights and obligations under the prospective retail shop lease.

The new form must also be used by franchisors who hold the head lease and are proposing to sublease or licence the premises to their franchisee. In most states a "licence to occupy" falls within the definition of a retail lease.

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