NORTHERN TERRITORY OF AUSTRALIA
BUSINESS TENANCIES (FAIR DEALINGS) REGULATIONS 2004
As in force at 24 May 2017
Table of provisions
Part 1 Preliminary
1 Citation ............................................................................................ 1
2 Commencement .............................................................................. 1
Part 2 Forms
3 Prescribed forms ............................................................................. 1
4 Landlord's disclosure statement ...................................................... 1
5 Tenant's disclosure statement ......................................................... 1
6 Assignor's disclosure statement ...................................................... 1
7 Application for determination of retail tenancy claim........................ 2
8 Certificate of failure to resolve tenancy claim .................................. 2
Part 3 Miscellaneous
9 Conciliator: qualifications of Commissioner's delegate .................... 2
10 Exemptions from Act ....................................................................... 2
Schedule Prescribed forms
ENDNOTES
NORTHERN TERRITORY OF AUSTRALIA
As in force at 24 May 2017
BUSINESS TENANCIES (FAIR DEALINGS) REGULATIONS 2004
Regulations under the Business Tenancies (Fair Dealings) Act 2003
Part 1 Preliminary
1 Citation
These Regulations may be cited as the Business Tenancies (Fair
Dealings) Regulations 2004.
2 Commencement
These Regulations come into operation on the commencement of the
Business Tenancies (Fair Dealings) Act 2003.
Part 2 Forms
3 Prescribed forms
A reference in these Regulations to a form by number is a reference
to the form of that number in the Schedule.
4 Landlord's disclosure statement
For section 19(2) of the Act, the information or material to be
contained in or attached to a landlord's disclosure statement is
specified in Form 1, Part A.
5 Tenant's disclosure statement
For section 21(2) of the Act, the information or material to be
contained in or attached to a tenant's disclosure statement is
specified in Form 1, Part B.
6 Assignor's disclosure statement
For section 56(d) of the Act, the information or material to be
contained in or attached to an assignor's disclosure statement is
specified in Form 2.
Part 3 Miscellaneous
Business Tenancies (Fair Dealings) Regulations 2004 2
7 Application for determination of retail tenancy claim
For section 86(3) of the Act, the form of an application in respect of
a retail tenancy claim is set out in Form 3.
8 Certificate of failure to resolve tenancy claim
For section 104(2) of the Act, the form of the certificate is set out in
Form 4.
Part 3 Miscellaneous
9 Conciliator: qualifications of Commissioner's delegate
For section 89(3) of the Act, the qualifications of a delegate of the
Commissioner conducting a conciliation conference are the
following:
(a) competence in alternative dispute resolution;
(b) knowledge of the rights, obligations and liabilities conferred or
imposed under the Act on parties to a retail shop lease;
(c) knowledge of accepted practices concerning the leasing of
retail shops.
10 Exemptions from Act
(1) For section 8 of the Act, an airport retail shop lease is exempt from
the operation of the Act for 6 months commencing on the date on
which this regulation comes into operation.
(2) In this regulation:
airport retail shop lease means:
(a) a retail shop lease granted by Darwin International Airport Pty
Ltd (ACN 081 258 157) in respect of property located at
Lot 3381 Hundred of Bagot;
(b) a retail shop lease granted by Tennant Creek Airport Pty Ltd
(ACN 081 258 344) in respect of property located at Lots 998
and 1281 Town of Tennant Creek; or
(c) a retail shop lease granted by Alice Springs Airport Pty Ltd
(ACN 081 258 246) in respect of property located at NT
Portions 428, 429, 569, 806, 995, 1025, 3839, 3840, 4004,
4005, 4054 and 4437.
Section 1 - BUSINESS TENANCIES (FAIR DEALINGS) REGULATIONS 2004 - BUSINESS TENANCIES (FAIR DEALINGS) REGULATIONS 2004 | Zoe
Schedule Prescribed forms
Business Tenancies (Fair Dealings) Regulations 2004 3
Schedule Prescribed forms
regulation 3
FORM 1
regulations 4 and 5
NORTHERN TERRITORY OF AUSTRALIA
Business Tenancies (Fair Dealings) Act 2003
sections 19(2) and 21(2)
LANDLORD'S AND TENANT'S DISCLOSURE STATEMENTS RELATING
TO RETAIL SHOP LEASE
PART A – LANDLORD'S DISCLOSURE STATEMENT
Note: Complete only the items that are applicable. Where # is indicated,
delete the words that are inapplicable.
THE LANDLORD
Landlord's name:
Landlord's trading name:
Landlord's address:
Name of landlord's agent:
Address of landlord's agent:
THE TENANT
Tenant's name:
Tenant's trading name:
Tenant's address:
THE RETAIL SHOP
Address of the retail shop being leased:
Shop number if the retail shop is within a retail shopping centre:
Net lettable area of the retail shop in square metres: (State whether actual or
estimated. If estimated, state whether a survey will be conducted.)
Finishes, fixtures, fittings, equipment and services to or in the retail shop
provided by the landlord:
The tenant #is/is not# required to contribute to the cost of finishes, fixtures,
fittings, equipment and services to or in the retail shop provided by the landlord.
#The extent to which the tenant is required to contribute to those costs:
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4. THE RETAIL SHOPPING CENTRE (CENTRE)
Note: This item must be completed only if the retail shop is located within a
retail shopping centre.
Name of centre:
Address of centre:
Number of retail shops in the centre:
Gross lettable area of the centre: (State whether actual or estimated. If estimated,
state why and state when actual will be available.)
Number of car park bays at the centre in total:
Number of car park bays at the centre for the tenant's exclusive use:
Core trading hours of the centre:
Hours of access to the retail shop outside the core trading hours of the centre:
The floor plan of the centre is #attached/not attached#.
Tenancy mix (by category) of the centre:
The tenancy mix of the centre #is/is not# likely to change over the term of the
lease.
The landlord #has/has not# obtained planning approval for any renovations,
redevelopments or extensions of the Centre. (If the landlord has obtained planning
approval, provide details.)
5. THE RETAIL SHOP LEASE
Note: Under the Business Tenancies (Fair Dealings) Act 2003, tenants have
the right to a minimum 5 year tenancy. The tenant may waive this right if the
tenant obtains a certificate from a legal practitioner in accordance with
section 26 of the Act.
5.1 Term of lease
Term:
Options for further terms:
Actual date, or estimated date if actual date is not known, on which the landlord
will hand over the retail shop to the tenant: (If estimated, state how the actual date
is to be determined. )
Actual date, or estimated date if actual date is not known, on which the lease
will commence: (If estimated, state how the actual date is to be determined. )
5.2 Permitted use
Permitted use:
The tenant will have exclusive rights to sell the following goods or services:
The tenant may not sell the following goods or services: (State that the tenant is
required to conduct permitted use and nothing else, and set out any express
exclusions. )
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5.3 Base rent
The base rent payable by the tenant for the term of the lease is:
Period* Rent* Adjustment method
on review
(e.g. year 1 + 5% ) (e.g. year 1 + 5% )
Based on estimated commencement date if actual not known.
The base rent is payable as follows:
Date for rent payments under the lease:
(e.g. By equal monthly instalments in advance on the first day of each month except
for the first and last payments, which will be pro rata. )
Date for first payment of rent under the lease:
(e.g. State commencement date or, if a rent free period, state the number of
days/weeks or a date after commencement date. )
#The base rent payable by the tenant for the further term/s of the lease is/are:
Period Rent Adjustment method
on review
5.4 Percentage/Turnover Rent
The tenant #is/is not# required to pay any rent based on turnover.
#The rent based on turnover payable by the tenant is calculated as follows:
(Include the percentage of gross sales, the base from which percentage rent cuts in
and whether that base changes. )
5.5 Outgoings for retail shopping centres
Note: This item must be completed only if the retail shop is located within a
retail shopping centre and the lease requires the tenant to contribute (in whole
or in part) to any outgoings of the centre.
The estimated outgoings for the retail shopping centre for the current outgoings
year are set out in the following table. This estimate was prepared at the
commencement of the outgoings year. Actual outgoings will be calculated and
reconciled with appropriate adjustments made at the end of the outgoings year.
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Outgoings category Estimate per annum
Air conditioning
Ventilation
Building intelligence and emergency
systems
Security
Fire protection
Insurance
Electricity
Water
Telephones
Gas and oil
Lifts and elevators
Public address and music
Signs
Uniforms
Child minding
Car parking
Gardening and landscaping
Cleaning
Disposals
Local government rates and charges
Repairs and maintenance
Sewerage and drainage rates and
charges
Administration costs
Management fees
Pest control
Audit fees
Energy Management Systems
Other charges to be borne by the
tenant
(Specify)
The following formulae are used to apportion outgoings expenses to the tenant:
Core trading hours outgoings
Outgoings directly assessed on retail
shop
After hours outgoings
Services (gas, telephone, electricity,
water etc.)
(State whether the tenant will be
required to pay direct to the supply
authority for water, gas, telephone and
electricity supplied to and consumed in
the retail shop or whether they will be
part of outgoings .)
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Other (Specify)
5.6 Outgoings for retail shop not located in a retail shopping centre
Note: This item must be completed only if the retail shop is not located within
a retail shopping centre and the lease requires the tenant to contribute (in whole
or in part) to any outgoings of the landlord.
The estimated outgoings for the current outgoings year for the building in which
the retail shop is located are set out in the following table. This estimate was
prepared at the commencement of the outgoings year. Actual outgoings will be
calculated and reconciled and, where appropriate, adjustments made at the end
of the outgoings year.
Outgoings category Estimate per annum
Air conditioning
Ventilation
Building intelligence and emergency
systems
Security
Fire protection
Insurance
Electricity
Water
Telephones
Gas and oil
Lifts and elevators
Public address and music
Signs
Uniforms
Child minding
Car parking
Gardening and landscaping
Cleaning
Disposals
Local government rates and charges
Repairs and maintenance
Sewerage and drainage rates and
charges
Administration costs
Management fees
Pest control
Audit fees
Energy Management Systems
Other charges to be borne by the tenant (Specify)
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Business Tenancies (Fair Dealings) Regulations 2004 8
#The following formulae are used to apportion outgoings expenses to the
tenant:
Core building hours outgoings
Outgoings directly assessed on retail
shop
After hours outgoings
Services (gas, telephone, electricity,
water etc.)
(State whether the tenant will be
required to pay direct to the supply
authority for water, gas, telephone and
electricity supplied to and consumed in
the retail shop or whether they will be
part of outgoings.)
Other
5.7 Promotions and marketing
The tenant must pay the following marketing and promotional expenses during
the term of the lease:
Expenses items Estimate per annum
Contribution to promotion/marketing
fund
Centre catalogues
Tenant advertising
Other
5.8 Goods and services tax
The tenant #must/is not required to# pay the landlord the amount of any goods
and services tax payable on any supply from the landlord to the tenant under
or as a result of the lease.
6. TENANT'S FITOUT AND REFURBISHMENT WORKS
The landlord requires the tenant to perform, at the tenant's expense, the
following fitout or refurbishment works (or both):
Before the commencement date of the lease:
During the term of the lease:
7. RELOCATION/DEMOLITION
The lease #does/does not# include a relocation clause.
The lease #does/does not# include a demolition clause.
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Business Tenancies (Fair Dealings) Regulations 2004 9
8. ADDITIONAL REPRESENTATIONS
The following representations were made by the landlord or the landlord's agent
to the tenant during negotiations for the lease:
Other than the representations included in this landlord's disclosure statement
and the lease, no other representations were made by the landlord or the
landlord's agent.
9. DECLARATION BY LANDLORD OR LANDLORD'S AGENT
I acknowledge that this landlord's disclosure statement contains all written
representations by the landlord and the landlord's agent in relation to the
proposed retail shop lease.
I am satisfied that all agreements are fully reflected in this landlord's disclosure
statement.
I have not knowingly withheld information that is likely to have an impact on the
tenant's proposed business.
Signed: ………………………….................................
#Landlord/Landlord's Agent#
Date: …………………..…………………………….
PART B – TENANT'S DISCLOSURE STATEMENT
Note: This tenant's disclosure statement must be completed by the
tenant and returned to the landlord or the landlord's agent before the
lease is entered into by the parties. A lease is entered into on the earliest
of the following:
(i) the tenant entering into possession of the retail shop;
(ii) the tenant commencing to pay rent;
(iii) the lease being signed by all parties.
ACKNOWLEDGMENT OF RECEIPT
The tenant acknowledges that a copy of the proposed retail shop lease was
received from the landlord or the landlord's agent before the tenant entered into
the lease.
The tenant acknowledges that the landlord's disclosure statement was received
from the landlord or the landlord's agent:
at least 7 days before entering into the lease.
less than 7 days before entering into the lease and the tenant has obtained a
certificate from a legal practitioner in accordance with section 19(6) of the
Business Tenancies (Fair Dealings) Act 2003.
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Business Tenancies (Fair Dealings) Regulations 2004 10
2. ADDITIONAL REPRESENTATIONS
The tenant has not, in entering into the retail shop lease, relied on any
representations made by the landlord or the landlord's agent other than those
set out in the lease and at item 8 of the landlord's disclosure statement.
Apart from the representations and statements referred to in the previous
paragraph, no other promises, representations, warranties or undertakings
have been made or given by the landlord or the landlord's agent in respect of
the retail shop, or the business to be carried out at the retail shop or (if
applicable) the retail shopping centre or building in which the retail shop is
located.
The tenant has #sought/not sought# independent advice in respect of the
commercial terms contained in the landlord's disclosure statement and the
obligations contained in the proposed retail shop lease.
The tenant believes that the tenant will be able to fulfil the obligations contained
in the lease, including the payment of the proposed rent, outgoings and other
amounts, based on the tenant's own business projections for the business.
Signed: ………………………………….…………. Date: …………………..
#Tenant/On behalf of tenant#
……………………………...……………….
Full name of person signing (please print)
………………………………...…………….
Position of person signing
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FORM 2
regulation 6
NORTHERN TERRITORY OF AUSTRALIA
Business Tenancies (Fair Dealings) Act 2003
section 56(d)
ASSIGNOR'S DISCLOSURE STATEMENT
The assignor has provided the assignee with the most recent landlord's
disclosure statement in respect of the retail shop lease together with
details of any changes (of which the assignor is aware) to the information
contained in the disclosure statement since the statement was given.
The assignee has been advised that there are no outstanding notices in
respect of the retail shop lease.
The assignee has been advised that there are no outstanding notices
from any authority in respect of the retail shop.
The assignee has been advised that there #are/are not# any
encumbrances on the retail shop lease.
The assignee has been advised that there #are/are not# any
encumbrances on, or outside ownership of, any of the fixtures and
fittings within the retail shop.
The landlord #has/has not# conferred any rent concessions or other
benefits on the assignor during the term of the lease. #The concessions
and benefits conferred on the assignor are:
Signed: ………………………………….…………. Date: …………………..
#Assignor/On behalf of assignor#
……………………………...…… ………………………...
Full name of person signing (please print) Position of person signing
Signed: ………………………………….…………. Date: …………………..
#Assignee/On behalf of assignee#
……………………………...………… ………………………………...
Full name of person signing (please print) Position of person signing
Note: # Delete if inapplicable.
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Business Tenancies (Fair Dealings) Regulations 2004 12
FORM 3
regulation 7
NORTHERN TERRITORY OF AUSTRALIA
Business Tenancies (Fair Dealings) Act 2003
section 86(3)
APPLICATION TO COMMISSIONER OF BUSINESS TENANCIES FOR
DETERMINATION OF RETAIL TENANCY CLAIM
Note: Before completing this form, please read the notes at the foot of the
form.
To: Commissioner of Business Tenancies
1st Floor The Met Building
13 Scaturchio Street, Casuarina, NT 0810
or PO Box 40946 Casuarina, NT 0811
Phone: 8999 1999
Toll free: 1800 019 319
Fax: 8999 6260
Email: consumer@nt.gov.au
DETAILS OF RETAIL SHOP LEASE
(Complete applicable items. )
Tenant's name on retail shop lease:
Business or trading name of tenant:
Tenant's ACN:
Tenant's ABN:
Tenant's postal address:
Landlord's name:
Business or trading name of landlord:
Landlord's postal address:
Street address of the retail shop, including the shop number and (if applicable)
the shopping centre name:
Type of use of the retail shop:
Date of commencement of the current retail shop lease or lease extension:
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2. DETAILS OF APPLICANT (the person making this application)
(Complete applicable items. If there is more than one applicant, provide the name and
address of the second and each subsequent applicant, and of each applicant's
representative, using copies of the attachment to this form.)
Applicant's status: [ ] Landlord
(tick as applicable) [ ] Tenant
[ ] Assignee
[ ] Other (describe)
2.1 Details if applicant is a company
Company name:
Company's ACN:
Company's ABN:
Name of person to contact for applicant:
Postal address, including suburb/city/town, State and postcode:
Phone (b/h):
Email address:
2.2 Details if applicant is not a company
Name:
ABN:
Postal address, including suburb/city/town, State and postcode:
Phone (b/h):
Email address:
2.3 Details of applicant's representative (e.g. legal practitioner)
(Refer to section 111 of the Act for details about other persons who may represent a
party.)
Name:
Postal address, including suburb/city/town, State and postcode:
Phone (b/h):
Email address:
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Business Tenancies (Fair Dealings) Regulations 2004 14
3. DETAILS OF RESPONDENT (the other party to the dispute)
(Complete applicable items. If there is more than one respondent, provide the name
and address of the second and each subsequent respondent, and of each
respondent's representative, using copies of the attachment to this form.)
Respondent's status: [ ] Landlord
(tick as applicable) [ ] Tenant
[ ] Assignee
[ ] Other (describe)
3.1 Details if respondent is a company
Company name:
Company's ACN:
Company's ABN:
Name of person to contact for respondent:
Postal address, including suburb/city/town, State and postcode:
Phone (b/h):
Email address:
3.2 Details if respondent is not a company
Name:
ABN:
Postal address, including suburb/city/town, State and postcode:
Phone (b/h):
Email address:
3.3 Details of respondent's representative (if known)
(Refer to section 111 of the Act for details about persons who may represent a party.)
Name:
Postal address, including suburb/city/town, State and postcode:
Phone (b/h):
Email address:
4. DETAILS OF DISPUTE
(Give a brief summary nature of the dispute, briefly setting out the facts relevant to the
claim. THE SUMMARY AND FACTS WILL BE FORWARDED TO THE
RESPONDENT. LODGMENT OF THIS FORM INDICATES YOUR AGREEMENT TO
THIS. If you wish to provide additional documents relevant to this matter, e.g. the
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Business Tenancies (Fair Dealings) Regulations 2004 15
lease, attach them to this form or forward them separately under cover of a letter to the
Commissioner of Business Tenancies, clearly identifying the dispute.)
Total monetary claim: $.........................................
Remedy sought:
(Specify briefly. )
SIGNATURE OF APPLICANT: .........................................................................
Date: ....................../................/....................
Application fee: At this time no
application fee has been prescribed
under section 87(1) of the Business
Tenancies (Fair Dealings) Act 2003.
Lodged with the Commissioner on
……………………………………
Date
Notes
Before completing this Application, please consider discussing this matter with
a legal practitioner or contacting NT Consumer Affairs on 08 8999 1999 or
1800 019 319.
This form is to be used to apply to the Commissioner of Business Tenancies for
a determination of a retail tenancy claim. Further information in relation to
business tenancies can be found in the Business Tenancies section of the NT
Consumer Affairs website (www.consumeraffairs.nt.gov.au).
If you have any questions relating to the dispute resolution process, please
contact NT Consumer Affairs for assistance.
ATTACHMENT TO FORM 3
(To be used if there is more than one applicant or respondent, to provide the
name and address of the second and each subsequent applicant or respondent,
and of each representative.)
Details relating to:
Second / Third / Fourth / Fifth (circle applicable applicant or respondent number)
Applicant / Respondent (circle applicable)
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Business Tenancies (Fair Dealings) Regulations 2004 16
Details if applicant/respondent is a company
Company name:
Company's ACN:
Company's ABN:
Name of person to contact for applicant:
Postal address, including suburb/city/town, State and postcode:
Phone (b/h):
Email address:
Details if applicant/respondent is not a company
Name:
ABN:
Postal address, including suburb/city/town, State and postcode:
Phone (b/h):
Email address:
Details of applicant's/respondent's representative (if known)
(Refer to section 111 of the Act for details about persons who may represent a party.)
Name:
Postal address, including suburb/city/town, State and postcode:
Phone (b/h):
Email address:
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Business Tenancies (Fair Dealings) Regulations 2004 17
FORM 4
regulation 8
NORTHERN TERRITORY OF AUSTRALIA
Business Tenancies (Fair Dealings) Act 2003
section 104(2)
CERTIFICATE OF FAILURE TO RESOLVE RETAIL TENANCY CLAIM
I, , the Commissioner of Business Tenancies,
issue this certificate to the following parties to an application for determination
of a retail tenancy claim:
Applicant/s name/s and status:
Respondent/s name/s and status:
The application was lodged on:
The following conferences were held in an attempt to resolve the claim:
I am satisfied that the parties have failed to resolve the claim and are unlikely
to do so, and the claim is within a court's jurisdiction referred to in section 105
of the Business Tenancies (Fair Dealings) Act 2003.
The details of the claim are as follows:
Name of tenant:
Trading name of tenant:
Name of landlord:
Trading name of landlord:
Details of retail shop:
Brief description of the dispute:
Total monetary claim:
Signed: ……………………..……………..………………..
Commissioner of Business Tenancies
ENDNOTES
Business Tenancies (Fair Dealings) Regulations 2004 18
ENDNOTES
1 KEY
Key to abbreviations
amd = amended od = order
app = appendix om = omitted
bl = by-law pt = Part
ch = Chapter r = regulation/rule
cl = clause rem = remainder
div = Division renum = renumbered
exp = expires/expired rep = repealed
f = forms s = section
Gaz = Gazette sch = Schedule
hdg = heading sdiv = Subdivision
ins = inserted SL = Subordinate Legislation
lt = long title sub = substituted
nc = not commenced
2 LIST OF LEGISLATION
Business Tenancies (Fair Dealings) Regulations (SL No. 18, 2004)
Notified 9 June 2004
Commenced 1 July 2004 (r 2, s 2 Business Tenancies (Fair Dealings)
Act 2003 (Act No. 55, 2003) and Gaz G9, 3 March 2004,
p 5)
Amendment of Business Tenancies (Fair Dealings) Regulations (SL No. 42, 2004)
Notified 22 December 2004
Commenced 22 December 2004
Business Tenancies (Fair Dealings) Amendment Regulations 2017 (SL No. 9, 2017)
Notified 24 May 2017
Commenced 24 May 2017
3 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table
of amendments to this reprint) are made by the Interpretation Legislation
Amendment Act 2018 (Act No. 22, 2018) to: rr 1 and 2 and sch.
4 LIST OF AMENDMENTS
r 10 ins No. 42, 2004, r 2
sch amd No. 9, 2017, r 3