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ARTICLE · 20 JANUARY 2011

Quick Guide to giving disclosure under the Retail Shop Leases Act

Barry Nilsson
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The Retail Shop Leases Act (Act) requires an owner to give a tenant a disclosure statement and a draft lease (disclosure documents) at least 7 days before the tenant enters into a retail shop lease. A tenant 'enters into' a lease when it takes possession or is bound by the lease (whichever is earlier).

AustraliaReal Estate and Construction
Shanna Livingstone
Shanna Livingstone
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Question: How can an owner give disclosure under the Retail Shop Leases Act? Is disclosure by email effective?

Answer: Disclosure can be given by hand delivery, post, fax, and, in certain circumstances, email. An owner must comply with additional requirements for disclosure by email to be effective.

What are an owner's obligations regarding disclosure?

The Retail Shop Leases Act (Act) requires an owner to give a tenant a disclosure statement and a draft lease (disclosure documents) at least 7 days before the tenant enters into a retail shop lease. A tenant 'enters into' a lease when it takes possession or is bound by the lease (whichever is earlier).

The Act also requires an owner to give an assignee the disclosure documents at least 7 days before entering an assignment of a retail shop lease. An assignment of a lease is 'entered into' when an owner consents to the assignment.

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