The Retail Leases Amendment (Review) Bill 2016
('Bill') passed without amendment through the Legislative
Council. It is now awaiting Royal Assent and will come into force
on proclamation. The Bill intends to give effect to recommendations
of The Office of the Small Business Commissioner with a view to
'help level the playing field between tenants and
landlords...' The significant changes to the Act brought about
to try achieve this goal are summarised below.
Disclosure Statements
A tenant's liability in relation to outgoings may be
restricted to outgoings that are specified in the landlord's
disclosure statement. In effect, this will ensure that disclosure
statements must estimate outgoings on a reasonable basis otherwise
the tenant's liability to pay more than the estimated amount is
limited to the estimated amount. Clearly the amendment serves as an
incentive for landlord to fully disclose outgoings (or at least
conservatively estimate outgoings) and for tenants
