Is the lease a retail lease?

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Each State and Territory has passed laws to protect retail lease tenants. Remember, the laws vary between the States and Territories and your lease may not necessarily be covered by the legislation. There are however, some general rules of thumb that indicate whether you might have a retail lease. For example: Does it have a shop front? Is it in a shopping centre? Is the place used predominantly for selling goods or services directly to the general public? You will need to check your local legislation or talk with your local retail tenancy office, small business association or fair trading office to make sure. Some of these contact details are listed in the State/Territory Information Resources at the back of this booklet.

Retail lease legislation is there to protect you and the landlord. In most States and Territories, neither you nor the landlord can enforce anything in a lease that is inconsistent with or contrary to the legislation.

Even if you are not covered by the legislation, you and your landlord are still about to sign a contract. It is very important that you understand the terms and conditions of that contract.

Note

If you are in doubt, ask for help. A solicitor, your local retail tenancy office, small or retail business association, or fair trading office will be able to advise you.