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ARTICLE · 16 APRIL 2009

Relocation Clauses – How Do They Work?

DLA Piper Australia
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The retail tenancy legislation in all jurisdictions in Australia, apart from Western Australia, include provisions relating to relocation clauses.

AustraliaReal Estate and Construction
Campbell Paine
Campbell Paine

The retail tenancy legislation in all jurisdictions in Australia, apart from Western Australia, include provisions relating to relocation clauses. All require notice of the intended relocation. In addition, most require details to be given to the tenant of a genuine proposal to redevelop or renovate within a reasonable time frame and which proposal requires possession of the tenant's premises. Most also require the offer of alternative premises.

The description of the nature of the premises to which the relocation is proposed varies:

  • In Queensland, it is 'reasonably comparable alternative retail shop'.
  • In ACT, it is 'alternative comparable premises'.
  • In New South Wales, Northern Territory and South Australia, it is merely 'alternative premises' or 'alternative shop'.

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