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ARTICLE · 31 AUGUST 2016

Relocation and demolition clauses: how small business traders can minimise disruption

Colin Biggers & Paisley
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NSW small businesses should become familiar with these lease terms and rights under the Retail Leases Act 1994 (NSW).

AustraliaReal Estate and Construction
Bob Miljevic
Bob Miljevic
Jaye Smale
Jaye Smale

In brief - Small businesses should be familiar with lease terms and rights under the Retail Leases Act

Shopping centre redevelopment may bring benefits for small business traders but prior to entering into a retail lease, retail tenants should consider the impact of relocation and demolition clauses, ensure that they are consistent with sections 34A and 35 of the Retail Leases Act 1994 (NSW), and understand the circumstances under which either party may terminate the lease.

Retail Leases Act may provide some protection to small businesses facing redevelopment

Shopping centre makeovers and redevelopment projects are all the trend and small business traders may face relocation or even an end to their lease to allow for redevelopment of centres into larger more modern shopping complexes.

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