Rights and obligations of lessors and lessees

The rights and obligations of lessors/landlords and lessees/tenants in the retail lease environment are not only impacted by the contractual lease obligations that exist in the individual lease, but are also governed by the Retail Leases Act 1994 (NSW) (the Act).

Section 7 of the Act provides that the Act operates “despite the provisions of a lease”. In addition, a “provision of a lease is void to the extent that the provision is inconsistent with a provision of this Act.”

The Act has a myriad of provisions impacting retail leases including sections relating to entering into a lease, security bonds, rent and outgoings, alterations and other interference with the shop, assignment and termination, unconscionable conduct and misleading or deceptive conduct and dispute resolution.

Whether you are a landlord/lessor or tenant/lessee it is important to obtain early legal advice regarding your rights and obligations. For an obligation free discussion please call McAuley Hawach Lawyers on (02) 9633 1826 or email reception@mcauleyhawach.com.au.

By Steve McAuley, Principal Solicitor
Accredited Specialist – Commercial Litigation
McAuley Hawach Lawyers
11 Fennell Street, Parramatta NSW 2124
Telephone: (02) 9633 1826
Web: www.mcauleyhawach.com.au
Email: reception@mcauleyhawach.com.au
The information in this publication is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavour to provide accurate and timely information, we do not guarantee that the information in this publication is accurate at the date it is received or that it will continue to be accurate in the future. We are not responsible for the information of any source to which a link is provided or reference is made and exclude all liability in connection with use of these sources. If you do not wish to receive newsletters from us, please let us know.

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