This is a Retail Shop Leasing Kit for retail shop leases in Western Australia . This Kit and the agreement templates it contains have been drafted to comply with the requirements of the Commercial Tenancy (Retail Shops) Agreements Act, 1985 (“the Act”).
In Western Australia, the Act applies to all retail shop leases with a few limited exceptions (for example, premises over 1,000sm and leases to listed companies).
Your lease will be a retail lease if the premises will be used by the tenant to carry on a retail business – that is, a business involved in the sale of goods by retail . This includes for example dry-cleaning, hairdressing, beauty therapy and treatments, cafes, shoe repairs etc.
If the leased premises will be used by the tenant for wholesale, as a warehouse, a factory, for manufacture or storage, then your lease will not be subject to the retail legislation – see the Commercial Property Lease Agreement Kit here.
The retail legislation requires the landlord to provide the tenant with a Disclosure statement at least 7 days before the lease is signed. A copy of the draft form of the lease must also be provided, attached to the Disclosure Statement.
A Disclosure Statement for Western Australian retail leases is contained in this Kit.
Under the Act, if a lease is a short term lease of less than 5 years, including any options, the tenant will have an automatic option to extend the lease up to 5 years. Under the Act, the tenant can give written notice to the landlord to extend the lease term at any time, but not less than 30 days before the expiry of the lease.
This lease kit includes a Waiver which can be used by the tenant to waive their right to the 5 year minimum term if it is intended for the term to be less than 5 years.
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