Retail Leases Regulations 2013 (Vic)
Version No. 002
Retail Leases Regulations 2013
S.R. No. 41/2013
Version incorporating amendments as at
1 December 2022
TABLE OF PROVISIONS
Regulation Page
1Objectives
2Authorising provision
3Commencement
4Revocation
5Definitions
6Excluded retail premises
7Occupancy costs
8Disclosure statements
9Determination and apportionment of outgoings
10Maximum outgoing
11Prescribed outgoings
12Statement of outgoings
Schedules
Schedule 1—Landlord's disclosure statement—retail premises not located in retail shopping centres
Schedule 2—Landlord's disclosure statement—retail premises located in retail shopping centres
Schedule 3—Landlord's disclosure statement on renewal of lease
Schedule 4—Disclosure statement—assigned lease where ongoing business
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Endnotes
1 General information
2 Table of Amendments
3 Explanatory details
Version No. 002
Retail Leases Regulations 2013
S.R. No. 41/2013
Version incorporating amendments as at
1 December 2022
1Objectives
The main objectives of these Regulations are—
(a)to make provision with respect to the amount of occupancy costs for the purpose of excluding certain retail premises; and
(b)to make provision with respect to the amount of outgoings payable by a tenant; and
(c)to prescribe forms of disclosure statement; and
(d)to prescribe other matters required by the Retail Leases Act 2003 to be prescribed.
2Authorising provision
These Regulations are made under section 99 of the Retail Leases Act 2003.
3Commencement
These Regulations come into operation on 22 April 2013.
4Revocation
The following regulations are revoked—
(a)the Retail Leases Regulations 2003[1];
(b)the Retail Leases Amendment Regulations 2010[2].
5Definitions
In these Regulations—
fire services property levy has the same meaning as levy has in section 3 of the Fire Services Property Levy Act 2012;
relevant fraction means the fraction calculated using this formula—
where—
A is the lettable area of the retail premises; and
B is the total of lettable areas of all the premises which receive the benefit of the outgoing;
the Act means the Retail Leases Act 2003.
6Excluded retail premises
For the purposes of section 4(2)(a) of the Act, the prescribed amount is $1 000 000 per annum exclusive of GST.
7Occupancy costs
For the purposes of section 4(3)(c) of the Act, advertising and promotional services, including marketing fund contributions, is prescribed as an other kind of cost.
8Disclosure statements
(1)For the purposes of sections 17(1)(a) and 61(5) of the Act, the form of landlord's disclosure statement is in—
(a)if the retail premises are not located in a retail shopping centre, Schedule 1;
(b)if the retail premises are located in a retail shopping centre, Schedule 2.
(2)For the purposes of section 26(1) of the Act, the form of landlord's disclosure statement on renewal of lease is in Schedule 3.
(3)For the purposes of section 61(5A) of the Act, the form of tenant's disclosure statement is in Schedule 4.
(4)Despite subregulations (1), (2) and (3), for the purposes of sections 17(1)(a), 26(1), 61(5) and 61(5A) of the Act, a person may use the form of disclosure statement set out in the Schedule to the Retail Leases Regulations 2003 (as in force immediately before 22 April 2013) until 22 July 2013.
9Determination and apportionment of outgoings
For the purposes of section 39(2) of the Act, the amount of an outgoing may be determined and apportioned to a tenant by multiplying the total amount of the outgoing by the relevant fraction.
10Maximum outgoing
For the purposes of section 40(2) of the Act, a tenant is not liable to contribute towards an outgoing of the landlord in excess of an amount calculated by multiplying the total amount of the outgoing by the relevant fraction.
11Prescribed outgoings
For the purposes of section 47(6)(a)(v) of the Act, the following are prescribed as other kinds of outgoings—
(a)fire services property levy; and
(b)owners corporation fees.
12Statement of outgoings
For the purposes of section 47(5)(b)(i) of the Act, the prescribed percentage is 10 percent.
Schedules
Schedule 1—Landlord's disclosure statement—retail premises not located in retail shopping centres
by the Landlord under section 17(1)(a) and section 61(5) of the
Retail Leases Act 2003
NOTE
This statement is to be completed by the Landlord and must be provided to the Tenant with a copy of the proposed lease at least 14 days before the signing of a new lease. If this statement and the proposed lease are provided to the Tenant less than 14 days before a new lease is entered into, the lease is taken to commence 14 days after the disclosure statement and proposed lease are given to the Tenant.
The layout of this statement does not need to be the same as the prescribed disclosure statement in the Retail Leases Regulations 2013.
It is prudent for a Tenant to obtain independent legal and financial advice before entering into a retail premises lease.
The Tenant has remedies including termination of a lease under the Retail Leases Act 2003 if information in this statement is misleading, false or materially incomplete.
Information contained in this statement is correct as at the date of this statement but may change after the date of this statement and during the term of the lease.
DISCLOSURE STATEMENT
by the Landlord
| Landlord: |
| Tenant: |
| Premises: |
| PART 1 PREMISES | ||
| 1 | Premises details | |
| 1.1 | Street address of premises [insert street address of premises and, as applicable, shop number, name of the building in which the premises is located, street address of the building] | |
| 1.2 | Plan of premises (if available) [Insert description of premises by reference to a prepared plan. Attach the plan to this disclosure statement as per item 23.1.] | |
| 1.3 | Lettable area of premises Will a survey be conducted? | m2 Actual/Estimate o Yes o No |
1.4 | Existing structures, fixtures, plant and equipment in the premises, provided by the landlord (excluding any works, fit out and refurbishment described in Part 3) | |
| [select as appropriate] o air conditioning o cool room o floor coverage o grease trap o hot water service o lighting o mechanical exhaust o painted walls | o plastered walls o shop front o sink o sprinklers o suspended ceilings o telephone o water supply o waste | |
| o electrical distribution load (3 phase) o electrical distribution load (single phase) o separate utility meter—gas o separate utility meter—water o separate utility meter—electricity o other | ||
| 1.5 | Services and facilities provided by the landlord for the benefit of the premises (for example, security services, cleaning) | |
| 2 | Permitted use | |
| 2.1 | Description of permitted use [Note: the tenant should investigate if the proposed use of the premises is permitted under planning laws.] | |
| 3 | Number of car parking spaces | |
| 3.1 | Approximate total spaces | spaces |
| 3.2 | Available spaces for customers of the building | spaces |
| 3.3 | Reserved spaces for use of the tenant only | spaces |
| 4 | Head lease | |
| 4.1 | Is the premises under a head lease or Crown lease? | o Yes o No |
| 4.2 | Has the landlord provided a copy of the head lease or Crown lease to the tenant? | o Yes—attached as per item 23.2 o No o Not applicable |
4.3 | Current term under the head lease or Crown lease and option/s to renew o Not applicable o Details of head lease as follows: Current term: years / /20 to / /20 Options to renew: years / /20 to / /20 [list any options for further terms held by the landlord under the head lease] | |
| 4.4 | Is the head landlord's consent to the lease required? | o Yes o No |
| PART 2 TERM OF LEASE AND OPTION/S TO RENEW LEASE | ||||
| 5 | Term of lease | |||
| 5.1 | Date lease commences (see also date of handover at item 7) | / /20 Actual/Estimate | ||
| 5.2 | Length of term | years months | ||
| 5.3 | Date lease expires (based on the date indicated at item 5.1 as the date the lease commences) | / /20 | ||
6 | Option/s to renew lease | |||
| 6.1 | Option/s details (Note: an option to renew a lease must be exercised in writing and given to the landlord on or before the last day stated in the option clause of the lease) o No options to renew lease o Options as follows: | |||
| Length of option | Period of option | Exercise date | ||
| years Actual/Estimate years Actual/Estimate | / /20 to / /20 to | / /20 to / /20 to | ||
| [list all options to renew lease] | ||||
| PART 3 WORKS, FIT OUT AND REFURBISHMENT | ||
| 7 | Date of handover | |
| 7.1 | Date of handover (if different to the date the lease commences indicated at item 5.1) | / /20 Actual/Estimate |
| 8 | Landlord's works | |
| 8.1 | Description of works to be carried out by the landlord before the date the lease commences [exclude any works that form part of the tenant's fit out at item 9] | |
| 8.2 | Estimate of expected contribution by the tenant towards the cost of the landlord's works | $ |
| [see also outgoings (item 13) in relation to any maintenance and repair outgoings] | ||
| 9 | Tenant's fit out works | |
| 9.1 | Fit out works to be carried out by the tenant (excluding the landlord's works at item 8) | |
| 9.2 | Is the landlord providing any contribution towards the cost of the tenant's fit out? o Yes [insert details of landlord's contribution] o No | |
| 9.3 | Does the landlord have requirements as to the quality and standard of shop front and fit out? o Yes [insert details or provide fit out guide] o No | |
| PART 4 RENT | ||
| 10 | Annual base rent | |
| 10.1 | Starting annual base rent (i.e. when the lease commences) | $ Including/Excluding GST |
| 10.2 | Rent free period [describe any rent free period] | |
| 10.3 | Date of rent commencement | / /20 |
| 10.4 | How rent payments are to be made? [insert description of how rent is paid—e.g. by equal monthly instalments in advance on the first day of each month, other than the first and last payments which are calculated on a pro-rata basis] | |
| 11 | Rent adjustment (rent review) | |
| 11.1 | Rent adjustment date(s) and adjustment method [insert a list of all rent adjustment dates and adjustment methods —e.g. fixed increase by X%, fixed increase by $X, current market rent, indexed to CPI] | |
| PART 5 OUTGOINGS | ||
| 12 | Contribution by tenant towards landlord's outgoings | |
| 12.1 | Is the tenant required to pay or contribute towards the landlord's outgoings? | o Yes o No |
| 12.2 | Describe any period during which the tenant is not required to pay outgoings | |
| 12.3 | Date on which payment of outgoings is to commence | / /20 |
| 12.4 | Formulae for apportioning outgoings [insert formulae on how outgoings payable by tenant are to be apportioned] | |
| 13 | Outgoings estimates (annual) for the 12 month period [State which of the following are payable by the tenant. The landlord may be prevented by the Retail Leases Act 2003 from claiming certain costs.] | |
| Estimate per annum for the building (Including/Excluding GST) | ||
| 13.1 | Administration Administration costs (excluding management fees and wages) Management fees | $ $ |
| 13.2 | Air conditioning/temperature control Air conditioning maintenance Air conditioning operating costs (Note: section 52 of the Retail Leases Act 2003 provides for the landlord's liability for certain costs relating to repairs and maintenance work.) | $ $ |
| 13.3 | Building management Body corporate/strata levies Building intelligence services Energy management services Gardening and landscaping Insurance Pest control Ventilation | $ $ $ $ $ $ $ |
| 13.4 | Building security Caretaking Emergency systems Fire protection Security services | $ $ $ $ |
13.5 | Cleaning Cleaning consumables Cleaning costs (excluding consumables) | $ $ |
| 13.6 | Government rates and charges Local government rates and charges Water, sewerage and drainage rates and charges Fire services property levy (Note: under section 50 of the Retail Leases Act 2003, the landlord may not claim land tax as an outgoing) | $ $ $ |
13.7 | Repairs Repairs and maintenance Sinking fund for repairs and maintenance (Note: under section 41 of the Retail Leases Act 2003, the landlord may not claim the capital costs of the building in which the premises are located) (Note: section 52 of the Retail Leases Act 2003 provides for the landlord's liability for certain costs relating to repairs and maintenance work.) | $ $ |
| 13.8 | Utility services Electricity Gas Oil Water | $ $ $ $ |
| 13.9 | Waste management Sewerage disposal Waste collection and disposal | $ $ |
| 13.10 | List any other outgoings | $ $ $ |
| 13.11 | Estimated tenant contribution to outgoings | $ |
| PART 6 OTHER COSTS | ||
14 | Other monetary obligations and charges | |
| 14.1 | Outline any costs arising under the lease including up-front costs or other costs not part of the outgoings and not referred to elsewhere in this disclosure statement [e.g. interest and legal costs] | |
| PART 7 ALTERATION WORKS (INCLUDING RENOVATIONS, EXTENSIONS, REDEVELOPMENT, DEMOLITION) | |
| 15 | Alteration works |
| 15.1 | Are there any alteration or demolition works, planned or known to the landlord at this point in time, to the premises or building, including surrounding roads, during the term or any further term or terms? o Yes [insert details of the proposed works] o No |
| 16 | Clauses in lease dealing with relocation and demolition works |
| 16.1 | Clause(s) in lease providing for relocation of tenant o Clause(s) of the lease o Not applicable |
| 16.2 | Clause(s) in lease providing for demolition of the premises or building o Clause(s) of the lease o Not applicable |
| PART 8 OTHER DISCLOSURES | |
| 17 | Other disclosures |
| 17.1 | Are there any current legal proceedings in relation to the lawful use of the premises or building? o Yes [provide details] o No |
| 17.2 | Are there any alteration or demolition works, planned or known to the landlord at this point in time, to land adjacent to or in close proximity to the premises or building, during the term or any further term or terms? o Yes [provide details] o No |
| 18 | Representations by landlord |
| 18.1 | Any other representations by the landlord or the landlord's agent [landlord to insert details of any other oral or written representations made by the landlord or the landlord's agent] |
| PART 9 LANDLORD ACKNOWLEDGEMENTS AND SIGNATURE | |
| 19 | Acknowledgements by landlord |
| By signing this disclosure statement, the landlord confirms and acknowledges that: ● this disclosure statement contains all representations in relation to the proposed lease by the landlord and the landlord's agents as at the date of this disclosure statement; ● this disclosure statement reflects all agreements that have been made by the parties; ● the landlord has not knowingly withheld information which is likely to have an impact on the tenant's proposed business. | |
| Warnings to landlord when completing this disclosure statement: ● The tenant may have remedies including termination of lease if the information in this statement is misleading, false or materially incomplete. | |
| 20 | Landlord's signature | |
| 20.1 | Name of landlord [insert name of landlord] | |
| 20.2 | Signed by the landlord or the landlord's agent for and on behalf of the landlord x................................................................ | |
| 20.3 | Name of the landlord's authorised representative or landlord's agent [insert name of person signing with the authority of the landlord] | |
| 20.4 | Date | / /20 |
| PART 10 TENANT ACKNOWLEDGEMENTS AND SIGNATURE | |
| 21 | Acknowledgements by the tenant |
| By signing this disclosure statement, the tenant confirms and acknowledges that the tenant received this disclosure statement. | |
| Before entering into a lease, tenants should consider these key questions: ● Does the planning authority allow your proposed use for the premises under planning law? ● Is the security of your occupancy affected by: ● mortgages, charges or encumbrances granted by the landlord? ● rights and obligations under a head lease? ● Does the premises comply with building and safety regulations? Is the premises affected by outstanding notices by any authority? ● Could your trading be affected by disturbances or changes to the building? ● Does the landlord require you to refurbish the premises regularly or at the end of the lease? | |
| ● Can the landlord end the lease early even if you comply with the lease? ● Are all the existing structures, fixtures and plant and equipment in good working order? ● Are you required to make good the premises at the end of the lease? | |
22 | Tenant's signature | |
| It is important that a tenant seek independent legal and financial advice before entering into a lease. | ||
| 22.1 | Name of tenant [insert name of tenant] | |
| 22.2 | Signed by the tenant or for and on behalf of the tenant x...................................................................... | |
| 22.3 | Name of the tenant's authorised representative [insert name of person signing with the authority of the tenant] | |
| 22.4 | Date | / /20 |
| PART 11 ATTACHMENTS | ||
| 23 | List of attachments | |
| Attached? | ||
| 23.1 | Plan of premises (see item 1.2) | o Yes o Not applicable |
| 23.2 | Head lease or Crown lease (see item 4.2) | o Yes o Not applicable |
| 23.3 | Additional attachments [list of any additional attachments] | |
Schedule 2—Landlord's disclosure statement—retail premises located in retail shopping centres
by the Landlord under section 17(1)(a) and section 61(5) of the
Retail Leases Act 2003
NOTE
This statement is to be completed by the Landlord and must be provided to the Tenant with a copy of the proposed lease at least 14 days before the signing of a new lease. If this statement and the proposed lease are provided to the Tenant less than 14 days before a new lease is entered into, the lease is taken to commence 14 days after the disclosure statement and proposed lease are given to the Tenant.
The layout of this statement does not need to be the same as the prescribed disclosure statement in the Retail Leases Regulations 2013.
It is prudent for a Tenant to obtain independent legal and financial advice before entering into a retail premises lease.
The Tenant has remedies including termination of a lease under the Retail Leases Act 2003 if information in this statement is misleading, false or materially incomplete.
Information contained in this statement is correct as at the date of this statement but may change after the date of this statement and during the term of the lease.
DISCLOSURE STATEMENT
by the Landlord
Landlord: |
Tenant: |
Premises: |
KEY DISCLOSURE ITEMS
| 1 | Annual base rent under the lease (see item 10.1) | $ p.a. Including/Excluding GST |
| 2 | Is a rent based on turnover payable by the tenant in year 1? (see item 12) | o Yes o No |
| 3 | Total estimated outgoings and promotion and marketing costs for the tenant in year 1 (see Parts 5 and 6) | $ Including/Excluding GST |
| 4 | Term of the lease (see item 5) | years months |
| 5 | Estimated commencement date of the lease (see item 5.1) | / /20 |
| 6 | Estimated handover date of the premises (see item 7.1) | / /20 |
| 7 | Does the tenant have an option to renew for a further period (exercised in writing and given to the landlord on or before the last day stated in the option clause)? (see item 6) | o Yes o No |
| 8 | Does the lease provide the tenant with exclusivity in relation to the permitted use of the premises? (see item 2.2) | o Yes o No |
| PART 1 PREMISES | ||
| 1 | Premises details | |
| 1.1 | Street address of premises [insert street address of premises and, as applicable, shop number, name of the building/centre in which the premises is located, street address of the building/centre] | |
| 1.2 | Plan of premises (if available) [Insert description of premises by reference to a prepared plan. Attach the plan to this disclosure statement as per item 33.1.] | |
| 1.3 | Lettable area of premises Will a survey be conducted? | m2 Actual/Estimate o Yes o No |
1.4 | Existing structures, fixtures, plant and equipment in the premises, provided by the landlord (excluding any works, fit out and refurbishment described in Part 3) | |
| [select as appropriate] o air conditioning o cool room o floor coverage o grease trap o hot water service o lighting o mechanical exhaust o painted walls | o plastered walls o shop front o sink o sprinklers o suspended ceilings o telephone o water supply o waste | |
| o electrical distribution load (3 phase) o electrical distribution load (single phase) o separate utility meter—gas o separate utility meter—water o separate utility meter—electricity o other | ||
| 1.5 | Services and facilities provided by the landlord for the benefit of the premises (for example, security services, cleaning) | |
| 2 | Permitted use | |||
| 2.1 | Description of permitted use [Note: the tenant should investigate if the proposed use of the premises is permitted under planning laws.] | |||
| 2.2 | Is the permitted use described in item 2.1 exclusive to the tenant? | o Yes o No | ||
| 3 | Number of car parking spaces | |||
| 3.1 | Approximate total spaces | spaces | ||
| 3.2 | Available spaces for customers of the building/centre | spaces | ||
| 3.3 | Reserved spaces for use of the tenant only | spaces | ||
| 4 | Head lease | |||
| 4.1 | Is the premises under a head lease or Crown lease? | o Yes o No | ||
| 4.2 | Has the landlord provided a copy of the head lease or Crown lease to the tenant? | o Yes—attached as per item 33.2 o No o Not applicable | ||
4.3 | Current term under the head lease or Crown lease and option/s to renew o Not applicable o Details of head lease as follows: Current term: years / /20 to / /20 Options to renew: years / /20 to / /20 [list any options for further terms held by the landlord under the head lease] | |||
| 4.4 | Is the head landlord's consent to the lease required? | o Yes o No | ||
| PART 2 TERM OF LEASE AND OPTION/S TO RENEW LEASE | ||||
| 5 | Term of lease | |||
| 5.1 | Date lease commences (see also date of handover at item 7) | / /20 Actual/Estimate | ||
| 5.2 | Length of term | years months | ||
| 5.3 | Date lease expires (based on the date indicated at item 5.1 as the date the lease commences) | / /20 | ||
6 | Option/s to renew lease | |||
| 6.1 | Option/s details (Note: an option to renew a lease must be exercised in writing and given to the landlord on or before the last day stated in the option clause of the lease) o No options to renew lease o Options as follows: | |||
| Length of option | Period of option | Exercise date | ||
| years Actual/Estimate years Actual/Estimate | / /20 to / /20 to | / /20 to / /20 to | ||
| [list all options to renew lease] | ||||
| PART 3 WORKS, FIT OUT AND REFURBISHMENT | ||
| 7 | Date of handover | |
| 7.1 | Date of handover (if different to the date the lease commences indicated at item 5.1) | / /20 Actual/Estimate |
| 8 | Landlord's works | |
| 8.1 | Description of works to be carried out by the landlord before the date the lease commences [exclude any works that form part of the tenant's fit out at item 9] | |
| 8.2 | Estimate of expected contribution by the tenant towards the cost of the landlord's works | $ |
| [see also outgoings (item 14) in relation to any maintenance and repair outgoings] | ||
| 9 | Tenant's fit out works | |
| 9.1 | Fit out works to be carried out by the tenant (excluding the landlord's works at item 8) | |
| 9.2 | Is the landlord providing any contribution towards the cost of the tenant's fit out? o Yes [insert details of landlord's contribution] o No | |
| 9.3 | Does the landlord have requirements as to the quality and standard of shop front and fit out? o Yes [insert details or provide fit out guide] o No | |
| PART 4 RENT | |||
| 10 | Annual base rent | ||
| 10.1 | Starting annual base rent (i.e. when the lease commences) | $ Including/Excluding GST | |
| 10.2 | Rent free period [describe any rent free period] | ||
| 10.3 | Date of rent commencement | / /20 | |
| 10.4 | How rent payments are to be made? [insert description of how rent is paid—e.g. by equal monthly instalments in advance on the first day of each month, other than the first and last payments which are calculated on a pro-rata basis] | ||
| 11 | Rent adjustment (rent review) | ||
| 11.1 | Rent adjustment date(s) and adjustment method [insert a list of all rent adjustment dates and adjustment methods —e.g. fixed increase by X%, fixed increase by $X, current market rent, indexed to CPI] | ||
| 12 | Rent based on turnover | ||
| 12.1 | Is a rent based on turnover payable by the tenant? (Note: the lease must specify the method by which a rent based on turnover is to be determined.) o Yes [insert method of calculating the turnover rent] o No | ||
| 12.2 | If a rent based on turnover is not required to be paid, does the landlord require the tenant to provide details of turnover? | o Yes o No | |
| PART 5 OUTGOINGS | ||
| 13 | Contribution by tenant towards landlord's outgoings | |
| 13.1 | Is the tenant required to pay or contribute towards the landlord’s outgoings? | o Yes o No |
| 13.2 | Describe any period during which the tenant is not required to pay outgoings | |
| 13.3 | Date on which payment of outgoings is to commence | / /20 |
| 13.4 | Formulae for apportioning outgoings [insert formulae on how outgoings payable by tenant are to be apportioned] | |
| 14 | Outgoings estimates (annual) for the 12 month period [State which of the following are payable by the tenant. The landlord may be prevented by the Retail Leases Act 2003 from claiming certain costs.] | |
| Estimate per annum for the building/centre (Including/Excluding GST) | ||
| 14.1 | Administration Administration costs (excluding management fees and wages) Management fees | $ $ |
| 14.2 | Air conditioning/temperature control Air conditioning maintenance Air conditioning operating costs (Note: section 52 of the Retail Leases Act 2003 provides for the landlord's liability for certain costs relating to repairs and maintenance work.) | $ $ |
| 14.3 | Building/centre management Body corporate/strata levies Building intelligence services Customer traffic flow services Energy management services Gardening and landscaping Insurance Pest control Ventilation | $ $ $ $ $ $ $ $ |
| 14.4 | Building/centre security Caretaking Emergency systems Fire protection Security services | $ $ $ $ |
14.5 | Cleaning Cleaning consumables Cleaning costs (excluding consumables) | $ $ |
| 14.6 | Communications Post boxes Public telephones | $ $ |
| 14.7 | Customer facilities Car parking Child minding Escalators Lifts Uniforms | $ $ $ $ $ |
| 14.8 | Customer information services Information directories Public address/music Signage | $ $ $ |
| 14.9 | Government rates and charges Local government rates and charges Water, sewerage and drainage rates and charges Fire services property levy (Note: under section 50 of the Retail Leases Act 2003, the landlord may not claim land tax as an outgoing.) | $ $ $ |
14.10 | Repairs Repairs and maintenance Sinking fund for repairs and maintenance (Note: under section 41 of the Retail Leases Act 2003, the landlord may not claim the capital costs of the building/centre in which the premises are located.) (Note: section 52 of the Retail Leases Act 2003 provides for the landlord's liability for certain costs relating to repairs and maintenance work.) | $ $ |
| 14.11 | Utility services Electricity Gas Oil Water | $ $ $ $ |
| 14.12 | Waste management Sewerage disposal Waste collection and disposal | $ $ |
| 14.13 | List any other outgoings | $ $ $ |
| 14.14 | Total outgoings for the building/centre | $ |
| 14.15 | Formula for determining tenant's share of the total outgoings for the building/centre | |
| 14.16 | Estimated tenant contribution to outgoings | $ |
| PART 6 OTHER COSTS | ||
| 15 | Advertising and promotional costs | |
| 15.1 | Is the tenant required to contribute towards advertising and promotional costs (including marketing fund contributions) for the building/centre? | o Yes o No |
| 15.2 | Tenant's contribution to advertising and promotional costs per annum o Not applicable o Yes—contribution per annum is $ Actual/Estimate o Yes—contribution per annum is % of the rent (excluding GST) payable from time to time o Yes [insert details of tenant's contribution per annum and how this is determined] | |
16 | Other monetary obligations and charges | |
| 16.1 | Outline any costs arising under the lease including up-front costs or other costs not part of the outgoings and not referred to elsewhere in this disclosure statement [e.g. interest and legal costs] | |
| PART 7 ALTERATION WORKS (INCLUDING RENOVATIONS, EXTENSIONS, REDEVELOPMENT, DEMOLITION) | |
| 17 | Alteration works |
| 17.1 | Are there any alteration or demolition works, planned or known to the landlord at this point in time, to the premises or building/centre, including surrounding roads, during the term or any further term or terms? o Yes [insert details of the proposed works] o No |
| 18 | Clauses in lease dealing with relocation and demolition works |
| 18.1 | Clause(s) in lease providing for relocation of tenant o Clause(s) of the lease o Not applicable |
| 18.2 | Clause(s) in lease providing for demolition of the premises or building/centre o Clause(s) of the lease o Not applicable |
| PART 8 TRADING HOURS | ||
| 19 | Core trading hours relevant to the tenant | |
| Monday Tuesday Wednesday Thursday Friday | a.m. to p.m. a.m. to p.m. a.m. to p.m. a.m. to p.m. a.m. to p.m. | |
| Saturday Sunday | a.m. to p.m. a.m. to p.m. | |
| Public holidays | a.m. to p.m. | |
| 20 | Tenant access to premises outside core trading hours | |
| 20.1 | Is the tenant permitted to access the premises and building/centre outside core trading hours? o Yes [provide details including cost of access] o No | |
| PART 9 RETAIL SHOPPING CENTRE DETAILS | ||
| 21 | Retail shopping centre details | |
| 21.1 | Total number of shops | shops |
| 21.2 | Gross lettable area of the centre | m2 Actual/Estimate |
| 22 | Annual turnover of the shopping centre | |
| 22.1 | Annual estimated turnover (where collected) | $ Including GST/ |
22.2 | Annual estimated turnover by specialty shops per m2 Food Non food Services | $ per m2 $ per m2 $ per m2 |
| 23 | Major/anchor tenants | |
| 23.1 | Major/anchor tenants and lease expiry dates [list all major and anchor tenants (e.g. department stores, discount department stores, supermarkets) and the dates on which leases held by those tenants expire] | |
| 24 | Floor plan and tenancy mix | |
| 24.1 | Floor plan showing tenancy mix, common areas, common area trading, kiosks and major tenants | o Attached as per item 33.4 |
24.2 | Does the landlord assure the tenant that the current tenant mix will not be altered by the introduction of a competitor? | o Yes o No |
| 25 | Customer traffic flow information | |
| 25.1 | Does the landlord collect customer traffic flow information? | o Yes—attached as per item 33.5 o No |
| 26 | Casual mall licensing for common areas | |
| 26.1 | Does the landlord adhere to the Shopping Centre Council of Australia's Casual Mall Licensing Code of Practice? | o Yes—casual mall licensing policy attached as per item 33.6 o No |
| PART 10 OTHER DISCLOSURES | |
| 27 | Other disclosures |
| 27.1 | Are there any current legal proceedings in relation to the lawful use of the premises or building/centre? o Yes [provide details] o No |
| 27.2 | Are there any alteration or demolition works, planned or known to the landlord at this point in time, to land adjacent to or in close proximity to the premises or building/centre, during the term or any further term or terms? o Yes [provide details] o No |
| 28 | Representations by landlord |
| 28.1 | Any other representations by the landlord or the landlord's agent [landlord to insert details of any other oral or written representations made by the landlord or the landlord's agent] |
| PART 11 LANDLORD ACKNOWLEDGEMENTS AND SIGNATURE | ||
| 29 | Acknowledgements by landlord | |
| By signing this disclosure statement, the landlord confirms and acknowledges that: ● this disclosure statement contains all representations in relation to the proposed lease by the landlord and the landlord's agents as at the date of this disclosure statement; ● this disclosure statement reflects all agreements that have been made by the parties; ● the landlord has not knowingly withheld information which is likely to have an impact on the tenant's proposed business. | ||
| Warnings to landlord when completing this disclosure statement: ● The tenant may have remedies including termination of lease if the information in this statement is misleading, false or materially incomplete. | ||
| 30 | Landlord's signature | |
| 30.1 | Name of landlord [insert name of landlord] | |
| 30.2 | Signed by the landlord or the landlord's agent for and on behalf of the landlord x................................................................ | |
| 30.3 | Name of the landlord's authorised representative or landlord's agent [insert name of person signing with the authority of the landlord] | |
| 30.4 | Date | / /20 |
| PART 12 TENANT ACKNOWLEDGEMENTS AND SIGNATURE | ||
| 31 | Acknowledgements by the tenant | |
| By signing this disclosure statement, the tenant confirms and acknowledges that the tenant received this disclosure statement. | ||
| Before entering into a lease, tenants should consider these key questions: ● Does the planning authority allow your proposed use for the premises under planning law? ● Is the security of your occupancy affected by: ● mortgages, charges or encumbrances granted by the landlord? ● rights and obligations under a head lease? ● Does the premises comply with building and safety regulations? Is the premises affected by outstanding notices by any authority? ● Could your trading be affected by disturbances or changes to the building/centre? ● Does the landlord require you to refurbish the premises regularly or at the end of the lease? | ||
| ● Can the landlord end the lease early even if you comply with the lease? ● Are all the existing structures, fixtures and plant and equipment in good working order? ● Are you required to make good the premises at the end of the lease? ● Is the tenancy mix of the shopping centre likely to change during the term of the lease? (see item 24.2) | ||
32 | Tenant's signature | |
| It is important that a tenant seek independent legal and financial advice before entering into a lease. | ||
| 32.1 | Name of tenant [insert name of tenant] | |
| 32.2 | Signed by the tenant or for and on behalf of the tenant x...................................................................... | |
| 32.3 | Name of the tenant's authorised representative [insert name of person signing with the authority of the tenant] | |
| 32.4 | Date | / /20 |
| PART 13 ATTACHMENTS | ||
| 33 | List of attachments | |
| Attached? | ||
| 33.1 | Plan of premises (see item 1.2) | o Yes o Not applicable |
| 33.2 | Head lease or Crown lease (see item 4.2) | o Yes o Not applicable |
| 33.3 | Additional attachments [list of any additional attachments] | |
| 33.4 | Floor plan (see item 24.1) | o Yes o Not applicable |
| 33.5 | Customer traffic flow statistics (see item 25.1) | o Yes o Not applicable |
| 33.6 | Casual mall licensing policy (see item 26.1) | o Yes o Not applicable |
| 33.7 | Additional attachments relating to the retail shopping centre [list of any additional attachments] | |
Schedule 3—Landlord's disclosure statement on renewal of lease
by the Landlord under section 26(1) of the
Retail Leases Act 2003
NOTE
This statement is to be completed by the Landlord for renewed leases under section 26(1) of the Retail Leases Act 2003.
If the Tenant has exercised or is entitled to exercise an option to renew a retail premises lease, the Landlord is required to provide this statement to the Tenant at least 21 days before the end of the current term.
In the situation where all of the parties to a retail premises lease enter into an agreement to renew the lease, the Landlord is required to provide this statement to the Tenant no later than 14 days after the entering into of the agreement.
The layout of this statement does not need to be the same as the prescribed disclosure statement in the Retail Leases Regulations 2013.
It is prudent for a Tenant to obtain independent legal and financial advice before renewing a retail premises lease.
The Tenant has remedies including termination of a lease under the Retail Leases Act 2003 if information in this statement is misleading, false or materially incomplete.
Information contained in this statement is correct as at the date of this statement but may change after the date of this statement and during the term of the lease.
DISCLOSURE STATEMENT
by the Landlord
Landlord: |
Tenant: |
Premises: |
| PART 1 KEY INFORMATION | |
| 1 | Renewal of lease |
| 1.1 | Date on which the option to renew the lease agreement for the premises was exercised, or date on which all of the parties to the lease entered into an agreement to renew the lease. [landlord to insert date] |
| 1.2 | Details of any changes from previous disclosure statement. |
| 2 | Alteration works |
| 2.1 | Are there any alteration or demolition works, planned or known to the landlord at this point in time, to the premises or building/centre, including surrounding roads, during the term or any further term or terms? o Yes [insert details of the proposed works] o No |
| 2.2 | Details of any changes from previous disclosure statement. |
| 3 | Other matters |
| 3.1 | Are there any other matters that may materially affect the tenant’s ongoing business and are not referred to in the lease? [e.g. current legal proceedings, planned changes to tenancy mix] o Yes [insert details] o No |
| 3.2 | Are there any alteration or demolition works, planned or known to the landlord at this point in time, to land adjacent to or in close proximity to the premises or building/centre, during the term or any further term or terms? o Yes [provide details] o No |
| 3.3 | Details of any changes from previous disclosure statement. |
4 | Other monetary obligations and charges |
| 4.1 | Outline any other costs arising under the renewed lease not including costs that are referred to in the statement of outgoings under section 47 of the Act and are not referred to in the lease. [e.g. interest and legal costs] |
| 4.2 | Details of any changes from previous disclosure statement. |
| PART 2 LANDLORD ACKNOWLEDGEMENTS AND SIGNATURE | ||
| 5 | Acknowledgements by landlord | |
| By signing this disclosure statement, the landlord confirms and acknowledges that: ● the landlord has not knowingly withheld information that may materially affect the tenant's ongoing business. | ||
| Warning to landlord when completing this disclosure statement: ● the tenant may have remedies including termination of lease if the information in this statement is misleading, false or materially incomplete. | ||
| 6 | Landlord's signature | |
| 6.1 | Name of landlord [insert name of landlord] | |
| 6.2 | Signed by the landlord or the landlord's agent for and on behalf of the landlord x................................................................ | |
| 6.3 | Name of the landlord's authorised representative or landlord's agent [insert name of person signing with the authority of the landlord] | |
| 6.4 | Date | / /20 |
| PART 3 TENANT ACKNOWLEDGEMENTS AND SIGNATURE | ||
| 7 | Acknowledgements by the tenant | |
| By signing this disclosure statement, the tenant confirms and acknowledges that the tenant received this disclosure statement. | ||
8 | Tenant's signature | |
| It is important that a tenant seek independent legal and financial advice before renewing the lease. | ||
| 8.1 | Name of tenant [insert name of tenant] | |
| 8.2 | Signed by the tenant or for and on behalf of the tenant x...................................................................... | |
| 8.3 | Name of the tenant's authorised representative [insert name of person signing with the authority of the tenant] | |
| 8.4 | Date | / /20 |
Schedule 4—Disclosure statement—assigned lease where ongoing business
by the tenant under section 61(5A) of the
Retail Leases Act 2003
NOTE
This statement is to be completed by the Tenant if a lease assignment referred to in section 61(5A) of the Retail Leases Act 2003 is proposed. The statement should be provided to the Landlord and Proposed assignee.
Before the Tenant requests the Landlord’s consent to the assignment, the Tenant must give the Proposed assignee a copy of the Landlord's disclosure statement and details of changes that have affected the information in that statement since it was given to the Tenant (see section 61(3) of the Retail Leases Act 2003).
The layout of this statement does not need to be the same as the prescribed disclosure statement in the Retail Leases Regulations 2013.
It is prudent for a Proposed assignee to obtain independent legal and financial advice before taking an assignment of a retail premises lease.
Information contained in this statement is correct as at the date of this statement but may change after the date of this statement and during the term of the lease.
DISCLOSURE STATEMENT
by the Tenant
Tenant: |
Proposed assignee: |
Landlord: |
Premises: |
| PART 1 ASSIGNMENT | |
| 1 | Business records |
| 1.1 | Has the tenant provided the proposed assignee with business records for the previous 3 years or such shorter period as the tenant has carried on business at the premises? o Yes o No |
| 2 | Landlord notices |
| 2.1 | Over the term of the current lease agreement, has the landlord given any notices under the Retail Leases Act 2003 to the tenant? o Yes [insert details of notices given by the landlord] o No |
| 3 | Lease variations |
| 3.1 | Have there been any material variations to the lease since the lease was first granted or last renewed? o Yes [insert details of lease variations] o No |
| 4 | Advice on outgoings |
| 4.1 | If the tenant had occupied the premises for a period of greater than 12 months, what type and value of outgoings was the tenant liable to pay to the landlord with respect to the premises over the last 12 months? [Tenant to list the type and value of outgoings paid to the landlord over the previous 12 month period] |
| 5 | Disputes |
| 5.1 | Are there any current disputes between the landlord and tenant under or in relation to the lease? o Yes [insert details] o No |
| 6 | Other matters |
| 6.1 | Are there any matters not connected to the lease agreement, planned or known to the tenant at this point in time that may materially affect the viability of the ongoing business over the remaining lease period? o Yes [insert details] o No |
| 6.2 | Are there any alteration or demolition works, planned or known to the tenant at this point in time, to the premises or building/centre, including surrounding roads, during the term or any further term or terms? o Yes [provide details] o No |
| 6.3 | Are there any alteration or demolition works, planned or known to the tenant at this point in time, to land adjacent to or in close proximity to the premises or building/centre, during the term or any further term or terms? o Yes [provide details] o No |
| PART 2 TENANT ACKNOWLEDGEMENTS AND SIGNATURE | |
| 7 | Acknowledgements by tenant |
| By signing this disclosure statement, the tenant confirms and acknowledges that: ● this disclosure statement contains all representations in relation to the proposed lease and ongoing business by the tenant and the tenant’s agents as at the date of this disclosure statement; ● the tenant has not knowingly withheld information that may materially affect the proposed assignee’s ongoing business. | |
| 8 | Tenant’s signature |
| 8.1 | Name of tenant [insert name of tenant] |
| 8.2 | Signed by the tenant or the tenant’s agent for and on behalf of the tenant x................................................................ | |
| 8.3 | Name of the tenant’s authorised representative or tenant’s agent [insert name of person signing with the authority of the tenant] | |
| 8.4 | Date | / /20 |
| PART 3 PROPOSED ASSIGNEE ACKNOWLEDGEMENTS AND SIGNATURE | ||
| 9 | Acknowledgements by the proposed assignee | |
| By signing this disclosure statement, the proposed assignee confirms and acknowledges that the proposed assignee received this disclosure statement. | ||
10 | Proposed assignee’s signature | |
| It is important that a proposed assignee seek independent legal and financial advice before taking assignment of a lease. | ||
| 10.1 | Name of proposed assignee [insert name of proposed assignee] | |
| 10.2 | Signed by the proposed assignee or for and on behalf of the proposed assignee x...................................................................... | |
| 10.3 | Name of the proposed assignee’s authorised representative [insert name of person signing with the authority of the proposed assignee] | |
| 10.4 | Date | / /20 |
| PART 4 LANDLORD ACKNOWLEDGEMENTS AND SIGNATURE | |
| 11 | Acknowledgements by landlord |
| By signing this disclosure statement, the landlord confirms and acknowledges that the landlord received this disclosure statement. | |
| 12 | Landlord's signature |
| 12.1 | Name of landlord [insert name of landlord] |
| 12.2 | Signed by the landlord or the landlord's agent for and on behalf of the landlord x................................................................ |
| 12.3 | Name of the landlord's authorised representative or landlord's agent [insert name of person signing with the authority of the landlord] |
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Endnotes
1 General information
See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Retail Leases Regulations 2013, S.R. No. 41/2013 were made on 16 April 2013 by the Lieutenant-Governor as the Governor's deputy with the advice of the Executive Council under section 99 of the Retail Leases Act 2003, No. 4/2003 and came into operation on 22 April 2013: regulation 3.
The Retail Leases Regulations 2013 will sunset 10 years after the day of making on 16 April 2023 (see section 5 of the Subordinate Legislation Act 1994).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).
• Examples, diagrams or notes
All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).
• Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).
• Provision numbers
All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Retail Leases Regulations 2013 by statutory rules, subordinate instruments and Acts.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Retail Leases Amendment Regulations 2022, S.R. No. 99/2022
Date of Making: 27.9.22 Date of Commencement: 1.12.22: reg. 3
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
3 Explanatory details
[1] Reg. 4(a): S.R. No. 30/2003 as amended by S.R. No. 91/2010.
[2] Reg. 4(b): S.R. No. 91/2010.
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