This document lists the contact details of real estate professionals at the Gold Coast office of MinterEllison, an Australian law firm. It then summarizes changes to New South Wales retail leasing laws, including removing the minimum 5-year lease term, excluding some non-retail premises, and clarifying procedures for lease assignments and landlord consent. The changes impact both landlords and tenants by increasing landlord disclosure obligations but also giving landlords more flexibility to withhold consent in some cases. Tenants obtain new compensation and clarification rights regarding landlord consent and disclosure as well. Readers are invited to contact the firm for advice on implications of the reforms.

1. GOLD COAST REAL ESTATE TEAM CONTACTS
Bryce Melville Rebecca Sheppard Yvette Mason Marieanne Golubinsky Meaghan Brodie
PARTNER SENIOR ASSOCIATE ASSOCIATE GRADUATE PARALEGAL
T: +61 7 5553 9424 T: +61 7 5553 9490 T: +61 7 5553 9530 T: +61 7 5553 9539 T: +61 7 5553 9411
bryce.melville@minterellison.com rebecca.sheppard@minterellison.com yvette.mason@minterellison.com marieanne.golubinsky@minterellison.com meaghan.brodie@minterellison.com
Property Developments
2 May 2017
Changes to the NSW Retail Leases Act
The Retail Leases Amendment (Review) Bill
2016 was assented to on 1 March 2017 and
comes into force on 1 July 2017.
This Property Developments update provides a
summary of the key amendments.
How will the reforms affect retail landlords
and tenants in NSW?
The changes include:
 the removal of the 5-year minimum term
 a new section in the Act applying to
agreements for lease
 the exclusion of certain non-retail premises
from the operation of the Act (such as ATMs
and vending machines)
 the exclusion of the revenue from online
sales (which is not defined) from the
determination of turnover rent
Impact on Landlords
The increased obligations on landlords include:
 new requirements in relation to the
provision of a lessor disclosure statement
 more onerous disclosure requirements in
relation to outgoings
 an obligation to return bank guarantees to
tenants within 2 months of the tenant
performing all secured obligations
 a requirement to register a lease for a term
of 3 years or more within 3 months of
execution or return to the landlord
Landlords are, however, given additional grounds to
withhold consent to an assignment request where an
assignee fails to meet tender criteria (if the retail
shop lease has been awarded by public tender).
Benefits for Tenants
Tenants get:
 an express compensation right if the
tenant terminates the lease because the
landlord did not give or gave a defective
lessor disclosure statement
 clarity around the procedure for a tenant to
obtain the consent of the landlord to an
assignment of a retail shop lease
Further Information
If you would like advice on the implications of the
reforms or assistance with your retail leasing, please
contact us.
*Disclaimer
The information contained in this update is intended as a guide only.
Professional advice should be sought before applying any of the
information to particular circumstances. While every reasonable care has
been taken in the preparation of this update, MinterEllison does not
accept liability for any errors it may contain.