February 9, 2022
In NSW, the Retail Leases Act 1994 (“RLA”) regulates the leasing of retail premises. If you are a business owner who is looking to lease retail premises in NSW, or a landlord wishing to rent out your premises, it is important to understand how the RLA affects your rights and obligations. In this article, we will have a quick look at the definition of ‘retail lease’ under the RLA.
If your premises is a “retail shop” then the Act Applies. A shop is a “retail shop” if :
Schedule 1 of the Act
As mentioned, any shop used for one or more purposes outlined in Schedule 1 of the Act, is considered a ‘retail shop’. Schedule 1 lists a wide variety of shops ranging from ice cream shops and restaurants to stationery and religious goods shops. Take a look at the Act to see if your shop makes the list.
There are also exclusions. The following are examples of these exclusions that do not fall within the scope of the Act:
Some uses are specifically excluded under the Act. At the time of writing, some of the excluded purposes under the Act are the following:
As you can see, the RLA is a complex piece of legislation that one should not take lightly. If you are looking for legal advice, please contact our firm today.
This post only applies to NSW. This is NOT legal advice and should NOT be relied as such.