Leases (Commercial and Retail) Act 2001

Several key concepts underpin the Act’s operation. “Lease” is defined broadly to include any agreement (written or oral) providing for occupation of premises exclusively or otherwise, for fixed term, periodic or at will, and includes subleases and licences, but excludes certain categories such as territory leases and vacant land leases (s 12(5), (6)). “Retail premises” and “commercial premises” are distinguished by the nature of the business: retail involves sale or hire of goods or supply of services by retail, while commercial is any business not involving retail (s 7). “Small commercial premises” are commercial premises with lettable area no more than 300 square metres (dict). “Shopping centre” means a group of at least five premises that are retail premises, small commercial premises, or premises prescribed by regulation, having the same lessor (or head lessor) or being units in a single unit plan managed by a single person, in a single building or adjoining buildings separated only by areas owned by the lessor, and promoted or generally regarded as a shopping centre, shopping mall, shopping court or shopping arcade (s 8). The “retail area” of a shopping centre is the area other than an “excluded area” , an area without retail premises, small commercial premises or prescribed premises that is geographically distinct from those areas (s 11). “Continuous occupation lease” is a lease for less than six months where the tenant was in occupation with consent when entered into and has been in continuous occupation for at least six months (s 10); such leases are not exempt from the Act. “Change of use lease” arises when a lease to which the Act did not originally apply changes its permitted use by agreement so that the Act would have applied had the changed use existed at the start (s 9). “Discretionary rent review clause” is a provision that selects the highest of two or more methods, reserves discretion to a party as to which method applies, reserves complete discretion as to the rate, or prevents a decrease (dict). Such clauses are void (s 46). “Market rent” is defined in Sch 1 as the amount a willing but not anxious lessor and tenant would agree on the open market, taking into account gross cost of occupancy, market evidence, lease terms, and excluding special interest, goodwill, tenant’s fixtures, and advantages from the current lease (Sch 1 cll 1.1-1.3). “Key money” is broadly defined as any payment or benefit given to or at the direction of a lessor, but excludes rent, genuine business goodwill, bonds, outgoings, reasonable document preparation fees, and reasonable amounts for goods and services (dict). “Outgoings” are recoverable only if they are reasonable expenses directly related to operation, repair or maintenance of the relevant area (for shopping centre premises, the retail area; otherwise the building), rates and statutory charges, reasonable promotion costs (for shopping centres), and statistical information costs (s 70). The Act also introduces the concept of “recoverable outgoings” which are defined by s 70, and requires that disclosure statements itemise outgoings (s 31). “Core trading hours” for a shopping centre are the hours when retail premises are generally required to be open, whether under the lease or another arrangement (dict). The Act prohibits the lessor from changing core trading hours without majority tenant approval in the retail area (s 139). “Rent review” includes changes on exercise of an option but not predetermined rent changes (dict). “Turnover rent” is rent based on the tenant’s turnover, with specific deductions allowed (s 64). “Disclosure statement” is a statement required under s 30, which must be given at least 14 days before entering a lease or, for options, within 14 days of a tenant request (s 30(2)-(4)). The tenant must sign and return the disclosure statement by the earlier of returning signed copies or three months after entering the lease (s 32). The Act also provides for an “approved handbook” approved by the commissioner for fair trading to help parties understand the Act (s 35).

The Act affects all parties to leases that fall within its scope: lessors, tenants, sublessors, subtenants, assignees, mortgagees of leases, guarantors, and prospective parties to negotiations. It applies to a wide range of premises including retail shops (but not large excluded premises >1000m2 leased to a listed public company or subsidiary), premises in shopping centre retail areas, small commercial premises (up to 300m2), premises leased to incorporated associations or eligible unincorporated entities (non-residential), premises leased to unincorporated charitable entities (non-residential), premises providing business accommodation and secretarial services, education and care services or childcare centres, sports centres, art galleries, gardening supply centres, and any premises prescribed by regulation (s 12(1)). The Act does not apply to leases for less than six months unless they are continuous occupation leases (s 12(2)(c)), and does not apply to territory leases, land subleases, vacant land leases, or rights to occupy land to build (s 12(6)). It also does not apply to premises prescribed by regulation or leases prescribed by regulation (s 12(2)(a), (b)). Part 13 specifically applies to leases for premises in the retail areas of shopping centres (s 128), adding extra obligations for lessors regarding turnover figures, statistical information, advertising levies, non-specific outgoings contributions, consultation before redevelopment, relocation, core trading hours, and void provisions such as geographical restrictions and termination for inadequate sales (ss 129-142). Mortgagees and head lessors are also affected when their consent is required for assignments, subleases or mortgages; they must respond within 14 days or be deemed to consent (s 97). The Act gives tenants significant rights: the right to a minimum five-year lease term (s 104), rights to terminate for failure to provide a disclosure statement or for false/misleading statements (s 117, s 118), rights to prefer renewal in shopping centres (s 108), and protection against unconscionable conduct (s 22). Lessors are subject to obligations such as providing disclosure statements, giving copies of signed leases within 21 days (or 21 days after registration) (s 25), not requiring use of a nominated lawyer (s 26), not demanding key money (s 38), limiting bonds to three months’ rent (s 39), and providing outgoings estimates and audited reports (ss 65-66). The Act also affects valuers appointed by the Magistrates Court to determine market rent (ss 52-60), mediators, and the Magistrates Court itself which has exclusive jurisdiction for disputes under this Act (s 144, s 145). Professional advisers, financial institutions, and prospective purchasers of shopping centres may receive turnover information subject to confidentiality (s 129). The Act’s protections extend to tenants even after lease expiry, allowing disputes to be heard within six years of the conduct giving rise to the dispute (s 18). The penalty regime applies to individuals and corporations: at the republication date, a penalty unit is $160 for an individual and $810 for a corporation (see republication page note).

The Act imposes a range of duties on lessors and confers corresponding rights on tenants, with some reciprocal obligations. Lessors must provide a disclosure statement at least 14 days before entering the lease (s 30(2)), and if an option exists, within 14 days of a tenant request made no earlier than three months before the option may be exercised (s 30(3), (4)). The tenant must sign and return the disclosure statement by the earlier of returning signed copies or three months after entering the lease (s 32). Lessors must give tenants a copy of the proposed lease as early as practicable in negotiations (s 28). Within 21 days of signing (or registration) the lessor must give a signed copy of the lease to the tenant (s 25). Lessors cannot require tenants to use a nominated lawyer (s 26); if they do, the tenant is not liable for fees and the lessor must pay any fees (s 27). Key money is prohibited; any amount paid is recoverable as a debt (s 38). Bonds are capped at three months’ rent; if more than three months’ rent is paid in advance, the excess is treated as a bond (s 39). The lessor must hold bonds in an interest-bearing account in trust, account for interest (but may keep it as part of the bond), and may only deduct amounts owed under the lease and not contrary to the Act (ss 42, 43). Bonds must be returned within 30 days after the later of lease end or vacating (s 44). Guarantees must be returned within 30 days after performance (s 45). Lessors cannot unreasonably refuse a bank guarantee (s 41). Lessors must provide outgoings estimates one month before each accounting period, make expenditure statements available within one month after end, and provide an auditor’s report within three months (ss 65, 66). The audit requirement can be waived by majority of tenants in the retail area of a shopping centre (s 72). Lessors may only recover outgoings that are reasonable expenses directly related to operation, repair or maintenance of the relevant area (for shopping centre premises, the retail area; otherwise the building), rates and statutory charges, reasonable promotion costs (for shopping centres), and statistical information costs (s 70). However, outgoings are recoverable only if stated in the disclosure statement and the lease specifies what outgoings may be recovered, how they are worked out, and how they are recovered (s 71). Rent reviews are restricted: discretionary rent review clauses are void (s 46), and rent cannot change more than once per 12 months after the first anniversary (s 47). The lease must state the date each rent review is due or provide a mechanism to work it out (s 50). If a rent review method is void, rent becomes market rent (s 49). Market rent is determined by a valuer appointed by the Magistrates Court if the parties cannot agree after mediation (s 52). Rent on renewal cannot exceed market rent (other than under an option) (s 51). Tenants have the right to a minimum five-year term; if the lease is for less than five years and the tenant was not independently advised, the tenant may extend to five years by notice given no later than 90 days before the end of the term (s 104). The tenant must register or lodge a caveat for the extension to have effect (s 104(3), (5)). Tenants may terminate early if no disclosure statement is provided, or if it is false or misleading, within three months of entering the lease (s 117). Tenants may also terminate for failure to notify material changes (s 118). Lessors must follow a strict procedure to terminate, giving notice, allowing 14 days for tenant to contest or agree, and requiring court confirmation (ss 122-127). In shopping centre leases, tenants have a preferential right to renew if the lessor proposes to re-lease, subject to exceptions (s 108). The lessor must begin negotiations at least six months before end of term (s 109). Tenants may apply to the court if the lessor fails to comply (s 112). Lessors must consult tenants before redeveloping the shopping centre (s 135). Relocation clauses are void unless for repairs, refurbishment, redevelopment or extension, and must include specific provisions (ss 136-138). Geographical restrictions on business outside the shopping centre are void (s 141). Termination for inadequate sales is void (s 142). Lessors must compensate tenants for disturbance in certain circumstances (s 81).

The Act does not create specific criminal penalties for most breaches; instead, it provides civil remedies through the Magistrates Court, which has unlimited jurisdiction for claims under the Act (s 144). The court may make orders, including orders for compensation, termination, eviction, variation of lease terms, and appointment of valuers. The Act states that a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see republication page note). However, the substantive provisions of the Act do not expressly create offences with penalties; rather, the Act relies on the court’s power to grant relief. For example, if a lessor accepts key money in contravention of s 38, the amount is recoverable as a debt (s 38(2)). If a lessor requires a tenant to use a nominated lawyer, the lessor must pay any fees (s 27). If a lessor fails to provide a disclosure statement, the tenant may terminate the lease (s 117). The Act makes certain lease provisions void (e.g., s 19, s 46, s 47, s 73, s 74, s 75, s 76, s 77, s 141, s 142), meaning those provisions have no legal effect. The court may also award compensation for misrepresentations during negotiations (s 37) and for disturbance (s 81), and may order compensation up to six months’ rent for failure to comply with renewal preferences (s 112(3)(b)). The court may confirm termination of a lease by the lessor if it is satisfied that a ground exists, the breach is by the tenant or subtenant, the lessor gave notice and a reasonable opportunity to remedy, and the ground justifies confirmation (s 123). The court may refuse to confirm if the breach is remedied or the tenant undertakes to remedy within 14 days (s 123(3)). The court may also suspend an order for up to 21 days if immediate operation would cause significant hardship to the tenant greater than the lessor (s 123(4)). For uncontested termination, the lessor may apply and the court may confirm if reasonable (s 124). Warrants for eviction may be issued (s 127). The court must hold a case management meeting for each application, promote settlement if likely, and give directions if unlikely (ss 147-149). The parties generally bear their own costs unless the court orders otherwise (s 154). Appeals to the Supreme Court lie on a question of law or fact (s 155). The Act also provides that a dispute about a lease no longer in force may be decided only if an application is made within six years after the conduct giving rise to the dispute happened (s 18). This limitation period is a key enforcement timeframe. The court’s powers are broad: it may exercise any power under the Magistrates Court Act 1930 chapter 4 (civil proceedings) and any other power necessary or convenient, including making preliminary and procedural orders and orders to enforce relief (s 144(3)). The court may also transfer a proceeding to the Supreme Court if appropriate (s 152). The Act does not create a separate regulator with enforcement powers; the dispute resolution mechanism is triggered by application of an affected party.

The Act expressly states that it applies regardless of whether the lease purports to be governed by the law of another jurisdiction (s 12(4)), overriding choice of law clauses that would avoid the Act. Section 19 provides that any lease provision inconsistent with the Act is void to the extent of the inconsistency, giving the Act primacy over contractual terms. Section 20 deems certain provisions to be included in leases, including standard provisions prescribed by regulation (s 20(3)). Section 21 clarifies that the Act does not prevent recovery of GST amounts for taxable supplies under the GST Act (Cwlth). Section 100(4) states that the Act does not authorise anything that would contravene Part 4 of the Competition and Consumer Act 2010 (Cwlth) (the restrictive trade practices provisions). The Act interacts with the Legislation Act 2001 in numerous ways: notes refer to provisions for giving documents (pt 19.5), making of appointments (pt 19.3), and definitions (the Legislation Act dictionary applies). The Act also references the Land Titles Act 1925 for registration of leases (s 23(2), s 24(2), s 104(3)(b), s 104(4)), the Building Act 2004 for certificates of occupancy (dict), the Unit Titles Act 2001 for units plans (s 16), the Unit Titles (Management) Act 2011 for contributions to owners corporations (s 66(4)(a)(iv)), the Planning Act 2023 for definition of land sublease (s 12(6)(c) and dict), the Children and Young People Act 2008 for childcare centre definitions (s 12(7)), the Education and Care Services National Law (ACT) for education and care service (s 12(7)), the Associations Incorporation Act 1991 for leases to associations (s 12(1)(d)), the Magistrates Court Act 1930 for civil proceedings (s 144(3)(a), s 145(2)), the Court Procedures Rules 2006 for appeals (note to s 155), and the Civil Law (Property) Act 2006 for notice of breach (note to s 123(1)(c)). The Act also references the A New Tax System (Goods and Services Tax) Act 1999 (Cwlth) for GST definitions (s 21(3)). The Act preserves other rights and remedies: termination does not affect pre-existing rights, privileges or liabilities (s 113), and the right to compensation under s 37 is stated to be “in addition to any other right the injured party may have” (s 37(2)). The Act also provides that it does not prevent termination by agreement between the parties (s 114, s 92). The transitional provisions (now expired) applied to pre-existing leases and disputes. The Act’s application to disputes is retrospective in some respects: table 17 specifies the time from which each type of dispute becomes covered, with some matters going back to 1 January 1994 or 1 July 2002 (commencement day) depending on the item. The Act also interacts with the regulation-making power: s 158 allows the Executive to make regulations, and s 157A allows the Minister to approve forms. The Act’s dictionary also notes that terms defined in the Legislation Act apply, such as “GST”, “Magistrates Court”, and “territory lease”. The Act also references the COVID-19 emergency response provisions (now expired) in part 17 (s 177, s 178). There is no explicit interaction with the Residential Tenancies Act, as this Act applies to commercial and retail premises, not residential.

The Act was originally enacted as A2001-18, notified 19 April 2001, with the main provisions commencing 1 July 2002. It has been amended by numerous Acts. Key amendments include the Statute Law Amendment Act 2002 (A2002-30) which made various changes including to disclosure statements (s 31 substituted), rent provisions, outgoings, and added s 157A (approved forms). The Justice and Community Safety Legislation Amendment Act 2003 (A2003-2) substituted s 144 and s 145 regarding Magistrates Court jurisdiction. The Construction Occupations Legislation Amendment Act 2004 (A2004-13) amended the definition of “certificate of occupancy” in the dictionary. The Court Procedures (Consequential Amendments) Act 2004 (A2004-60) amended various sections regarding court procedures. The Statute Law Amendment Act 2005 (A2005-20) amended the dictionary to insert “continuous occupation lease” and “entered into” definitions. The Justice and Community Safety Legislation Amendment Act 2006 (A2006-40) substituted s 155 (appeals to Supreme Court) and omitted s 156. The Statute Law Amendment Act 2007 (A2007-16) amended s 110. The Planning and Development (Consequential Amendments) Act 2007 (A2007-25) amended dictionary references to territory lease. The Justice and Community Safety Legislation Amendment Act 2008 (A2008-7) amended s 123 and the dictionary definition of “dispute” and inserted “party”. The Statute Law Amendment Act 2009 (A2009-49) amended s 23 and s 25. The Fair Trading (Australian Consumer Law) Amendment Act 2010 (A2010-54) amended s 100(4) to refer to the Competition and Consumer Act 2010 (Cwlth). The Unit Titles (Management) Act 2011 (A2011-41) amended s 66. The Statute Law Amendment Act 2015 (A2015-15) made numerous amendments including to s 21, s 66, s 73, s 96, s 129, s 157A, and dictionary definitions (including removing definitions of “GST”, “Magistrates Court”, “taxable supply”). The Planning and Development (University of Canberra and Other Leases) Legislation Amendment Act 2015 (A2015-19) amended s 12. The Statute Law Amendment Act 2017 (A2017-4) amended many sections (e.g., s 24, s 34, s 66, s 73, s 78, s 82, s 90, s 93, s 97, s 99, s 104, s 107, s 109, s 110, s 118, s 129, s 136) largely making drafting improvements. The COVID-19 Emergency Response Act 2020 (A2020-11) inserted part 17 (now expired). The Planning (Consequential Amendments) Act 2023 (A2023-36) amended s 12 to update references to the Planning Act 2023. The Education and Care Services National Law (ACT) Amendment Act 2024 (A2024-33) amended s 12 further. The most recent amendment is the Statute Law Amendment Act 2025 (A2025-29) which amended s 31, s 157A, and s 158, effective 26 December 2025. The republished version (R27) reflects these amendments.

The Act does not itself contain any case citations or references to litigation history. However, the Act establishes the Magistrates Court as the primary forum for disputes (s 144), with appeals to the Supreme Court on questions of law or fact (s 155). The Act’s application to disputes is detailed in table 17 (s 17), which sets out the time periods for different types of matters. For example, disputes about key money can relate to conduct any time from 1 January 1995; disputes about unconscionable conduct also from that date; disputes about recovery of possession, relief against forfeiture, or recovery of rent apply to leases entered into any time and conduct any time (item 5). The Act also provides for disputes about leases no longer in force if the application is made within six years after the conduct giving rise to the dispute happened (s 18). The Magistrates Court has broad remedial powers, including the power to make orders for compensation, termination, variation of lease terms, and appointment of valuers. The court must hold a case management meeting for each application (s 147), and may refer disputes to mediation (s 148, s 52). The court may also transfer proceedings to the Supreme Court if appropriate (s 152). The court’s decisions on market rent valuations under s 52 and s 53 are likely to be significant in practice. The Act does not create a specialist tribunal; the Magistrates Court exercises all jurisdiction. The court’s procedures under the Act are supplemented by the Magistrates Court Act 1930 and rules. The Act also provides for the appointment of valuers by the court, and valuers must disclose conflicts of interest (s 57). Parties may make submissions to a valuer (Sch 1 cl 1.5). The cost of valuations is shared equally unless the court directs otherwise (s 60). The Act’s provision that the parties generally bear their own costs (s 154) may influence litigation strategy. While no specific cases are listed in the Act, practitioners should be aware that the Supreme Court of the ACT has interpreted various provisions, and cases under similar retail lease legislation in other jurisdictions may be persuasive but are not binding. The Act’s definition of “unconscionable conduct” in s 22(2) provides a non-exhaustive list of factors for the court to consider, drawing from equitable principles. The court’s power to suspend termination orders for up to 21 days due to hardship (s 123(4)) may generate case law on what constitutes significant hardship.

Several provisions can trap the unwary. First, the Act deems lease provisions void if they are inconsistent with the Act (s 19), and deems mandatory provisions to be included even if the lease is silent (s 20). This means lessors cannot contract out of the Act’s protections. Second, the prohibition on key money (s 38) is broad: “key money” includes any payment or benefit to the lessor, but excludes rent, genuine business goodwill, bonds, outgoings, reasonable document preparation fees, and reasonable amounts for goods and services. Lessors who structure payments as “fit-out contributions” or “promotion fees” that are not genuinely for services risk breaching this section; the amount is recoverable as a debt. Third, the bond cap of three months’ rent (s 39) applies to any security deposit; if a lessor requires more than three months’ rent in advance, the excess is treated as a bond. This can catch lessors who demand large advance rent payments. Fourth, the minimum five-year lease right (s 104) applies even if the lease is for a shorter term, unless the tenant was independently advised by a lawyer not acting for the lessor. A lawyer’s certificate is conclusive evidence of such advice (s 104(6)). Lessors must notify tenants if the lease cannot be extended due to inconsistency with a head lease (s 29). If the tenant exercises the right to extend, the lessor must register the extension or the tenant may lodge a caveat (s 104(3)-(5)). Fifth, disclosure statement obligations are strict: failure to provide a statement, providing a false or misleading one, or omitting a material particular gives the tenant a right to terminate within three months (s 117). The lessor may contest only on the ground of honest and reasonable conduct and that the tenant is in substantially as good a position (s 119). Similarly, failure to notify material changes before the lease is signed gives termination rights (s 118). Sixth, outgoings recovery is strictly limited: the tenant is only liable if the nature of outgoings was stated in the disclosure statement, the lease specifies what outgoings are recoverable and how they are calculated and recovered, and they are “recoverable outgoings” under s 70 (s 71). The lessor cannot recover outgoings for unleased premises (s 70(4)). Seventh, rent reviews: discretionary rent review clauses are void (s 46), and rent cannot increase more than once per 12 months after the first anniversary (s 47). The lease must state the date of each review or provide a mechanism to work it out; otherwise any purported rent change is void (s 50). Eighth, shopping centre lessors must follow strict renewal procedures: the tenant has a right of preference unless the lessor reasonably wants to change the tenancy mix, the tenant has substantially or persistently breached, or the lessor needs vacant possession for own purposes (not to carry on the same kind of business) (s 108). The lessor must begin negotiations at least six months before end of term (s 109). Failure can result in court orders for renewal or compensation up to six months’ rent (s 112). Ninth, the lessor’s termination procedure (ss 122-127) requires giving notice, allowing 14 days for the tenant to contest or agree, and then seeking court confirmation. The lessor cannot simply change locks or re-enter without a court order (s 122(6)). Tenth, the Act deems certain provisions void: employment restrictions (s 73), refurbishment clauses without sufficient detail (s 74), undisclosed contribution requirements (s 75), capital cost obligations (s 76), depreciation (s 77), relocation other than for specified purposes (s 137), geographical restrictions (s 141), and termination for inadequate sales (s 142). Eleventh, for shopping centre tenants, the lessor cannot change core trading hours without majority tenant approval (s 139), and tenants may trade outside core hours with lessor’s agreement paying proportionate costs (s 140). Twelfth, a tenant’s turnover figures are confidential: the lessor cannot require them unless rent is based on turnover, and must not divulge them except in specific circumstances (s 129). Thirteenth, the Act applies even if the lease is governed by another law (s 12(4)), so choice of law clauses are ineffective. Fourteenth, the Act applies to assignments only in a limited way: an assignee is not taken to have entered into the lease for the purpose of applying the Act unless the Act applied to the lease before assignment (s 15). This can create a gap if a lease was originally exempt but later assigned to a party that would be covered. Fifteenth, the limitation period for disputes about a lease no longer in force is six years from the conduct (s 18), not from the end of the lease.

Compliance requires careful attention to the Act’s procedural and substantive requirements. For lessors, the following steps are essential. Before entering a lease, provide the tenant with a copy of the proposed lease as early as practicable (s 28). Provide a disclosure statement at least 14 days before the lease is entered into, containing an estimate of outgoings itemised for the first accounting period (s 30, s 31). If the lease contains an option, be prepared to provide an updated disclosure statement within 14 days of a tenant request made no earlier than three months before the option may be exercised (s 30(3), (4)). If a material change occurs before the lease is signed, notify the tenant quickly in writing (s 34). Tell tenants about the approved handbook (s 35). If the lease term is less than five years, notify the tenant in writing that the lease cannot be extended if inconsistent with a head lease (s 29). Ensure the lease does not contain prohibited provisions: avoid discretionary rent reviews, frequent rent changes (more than once per year), employment restrictions, vague refurbishment clauses, undisclosed contribution requirements, capital cost recovery, depreciation charges, relocation clauses not for specified purposes, geographical restrictions, and termination for inadequate sales. The lease must state the date of each rent review or provide a mechanism to work it out (s 50). For rent reviews, use only permitted methods: predetermined steps, CPI, market rent, or other non-discretionary methods. If market rent is used, follow the process in ss 52-60 and Sch 1. Do not charge turnover rent without a base rent component if desired; combinations are acceptable (s 61). For outgoings, provide annual estimates one month before each accounting period, make expenditure statements available within one month after end, and provide an auditor’s report within three months (ss 65, 66). Ensure outgoings are only recoverable if they fall within s 70 and are stated in the disclosure statement and lease (s 71). Do not ask for or accept key money (s 38). Limit bonds to three months’ rent, hold in an interest-bearing trust account, account for interest, deduct only allowed amounts (ss 39, 42, 43). Return bonds within 30 days after lease end or vacating (s 44). Return guarantees within 30 days after performance (s 45). Do not require the tenant to use a nominated lawyer (s 26). Give the tenant a signed copy of the lease within 21 days of signing or registration (s 25). For assignments and subleases, respond to tenant requests within 28 days (or 21 days if further info requested) (s 99). Only refuse on reasonable grounds listed in ss 100-101. If consent is required from a mortgagee or head lessor, forward the request promptly and ensure they respond within 14 days (s 97). For lease termination, follow the procedure in ss 122-127: give written notice, allow 14 days for tenant to contest or agree, then apply to Magistrates Court for confirmation. Do not self-help evict. For shopping centre leases, comply with part 13: do not change core trading hours without majority tenant approval (s 139); allow tenants to trade outside core hours with agreed costs (s 140); consult tenants before redevelopment (s 135); follow relocation clause requirements (ss 136-138); do not require turnover figures unless rent is based on turnover; keep turnover confidential (s 129). For renewals, if the lessor proposes to re-lease premises in a shopping centre retail area, give the tenant a right of preference and begin negotiations at least six months before lease end (ss 108, 109). If the tenant does not have a right of preference, give written notice explaining why (s 110). For tenants, ensure the disclosure statement is received at least 14 days before signing; if not, you may have a right to terminate (s 117). Read the disclosure statement carefully and negotiate any missing items. Do not sign away your right to the five-year minimum term unless you have independent legal advice (s 104). If the lessor breaches any duty, consider applying to the Magistrates Court for relief within the six-year limitation period (s 18). Keep copies of all documents and correspondence. Both parties should seek legal advice before entering or varying leases. Use the approved forms (s 157A) where applicable. Consider using mediation or other dispute resolution before court proceedings (s 148). The Act’s standard provisions (s 20(3)) will be implied by regulation; check those. Finally, monitor the ACT legislation register for any new regulations or amendments to the prescribed classes of leases or exclusionary clauses.