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ARTICLE · 07 MARCH 2022

Retail Leases Act 1994 - The provisions you need to know

Bartier Perry Solicitors
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When reviewing lease terms, NSW retail landlords and tenants need to become familiar with the Retail Leases Act 1994.

AustraliaReal Estate and Construction
Kristie Carlile (Formerly With Bartier Perry)
Kristie Carlile (Formerly With Bartier Perry)
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No doubt many retail tenants and landlords have had cause to revisit the terms of their lease over the recent past, given the nightmare that has been created by the ongoing COVID-19 pandemic!

You can read our article(s) relating to the COVID-19 rent relief provisions here.

However, when reviewing lease terms, retail landlords and tenants must be aware of what the Retail Leases Act 1994 (NSW) (Act) says about a particular issue.

Section 7 of the Act makes a clause of a lease void to the extent that the clause is inconsistent with the Act. That is, the Act will override what the lease says if there is an inconsistency between the two. This could also extend to any 'side-deal' into which the parties have entered.

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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