Schedule 2Lessor and lessee disclosure statements

# Schedule 2 Lessor and lessee disclosure statements Schedule 2 Lessor and lessee disclosure statements (Sections 11 and 11A) Part A Lessor’s disclosure statementLessorLesseePremises Key disclosure items Note. If the terms “landlord” and “tenant” are substituted for “lessor” and “lessee” in this form, they have the same meanings as “lessor” and “lessee” have, respectively, in the [Retail Leases Act 1994](/view/html/inforce/current/act-1994-046). | 1 | Annual base rent under the lease(see item 10.1) | $ | p.a. | | Including/Excluding GST | | 2 | Is rent based on turnover payable by the lessee in year 1?(see item 12) | □ Yes□ No | | 3 | Total estimated outgoings and promotion and marketing costs for the lessee in year 1(see Part 5 and Part 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 lessee have an option to renew for a further period ?(see item 6) | □ Yes□ No | | 8 | Does the lease provide the lessee with exclusivity in relation to the permitted use of the premises?(see item 2.2) | □ Yes□ No | Part 1 Premises 1 Premises details > 1.1 Street address of premises > > \[*insert street address of premises and, as applicable, shop number, name of the building/centre in which the premises are located, street address of the building/centre*\] > 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 m2 > > Actual/Estimate > > Will a survey be conducted? □ Yes □ No > 1.4 Existing structures, fixtures, plant and equipment in the premises, provided by the lessor (excluding any works, fit-out and refurbishment described in Part 3) > > \[*Select as appropriate*\] > > □ air conditioning > > □ cool room > > □ floor coverings > > □ grease trap > > □ hot water service > > □ lighting > > □ mechanical exhaust > > □ painted walls > > □ electrical distribution load (3 phase) > > □ electrical distribution load (single phase) > > □ separate utility meter—gas > > □ separate utility meter—water > > □ separate utility meter—electricity > > □ plastered walls > > □ shop front > > □ sink > > □ sprinklers > > □ suspended ceilings > > □ telephone > > □ water supply > > □ waste > > □ other > 1.5 Services and facilities provided by the lessor for the benefit of the premises (for example, security services, cleaning) 2 Permitted use > 2.1 Description of permitted use > > \[*note: the lessee should investigate if the proposed use of the premises is permitted under planning laws*\] > 2.2 Is the permitted use described in item 2.1 exclusive to the lessee? > > □ Yes □ 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 lessee only | spaces | 4 Head lease > 4.1 Is the premises under a head lease or Crown lease? > > □ Yes □ No > 4.2 Has the lessor provided a copy of the head lease or Crown lease to the lessee? > > □ Yes—attached as per item 33.2 > > □ No > > □ Not applicable > 4.3 Current term under the head lease or Crown lease and option/s to renew > > □ Not applicable > > □ Details of head lease as follows— > > Current term— > > years > > / /20 to / /20 > > Options to renew— > > years > > / /20 to / /20 > > \[*list any options for further terms held by the lessor under the head lease*\] > 4.4 Is the head lessor’s consent to the lease required? > > □ Yes □ No Part 2 Term of lease and option/s to renew lease 5 Term of lease | 5.1 | Date lease commences | / /20 | | | (see also date of handover at item 7) | Actual/Estimate | | 5.2 | Length of term | years months | | 5.3 | Date lease expires | / /20 | | | (based on the date indicated at item 5.1 as the date the lease commences) | 6 Option/s to renew lease > 6.1 Option/s details > > □ No options to renew lease > > □ Options as follows— | Length of option | Period of option | Exercise date | | years | / /20 to | / /20 to | | | / /20 | / /20 | | Actual/Estimate | | | | years | / /20 to | / /20 to | | | / /20 | / /20 | | Actual/Estimate | | | | [List all options to renew lease] | Part 3 Works, fit-out and refurbishment 7 Date of handover | 7.1 | Date of handover | / /20 | | | (if different to the date the lease commences indicated at item 5.1) | Actual/Estimate | 8 Lessor’s works > 8.1 Description of works to be carried out by the lessor before the date the lease commences > > \[*exclude any works that form part of the lessee’s fit-out at item 9*\] > 8.2 Estimate of expected contribution by the lessee towards the cost of the lessor’s works $ > > \[*see also outgoings (item 14) in relation to any maintenance and repair outgoings*\] 9 Lessee’s fit-out works > 9.1 Fit-out works to be carried out by the lessee > > (excluding the lessor’s works at item 8) > 9.2 Is the lessor providing any contribution towards the cost of the lessee’s fit-out? > > □ Yes > > \[*insert details of lessor’s contribution*\] > > □ No > 9.3 Does the lessor have requirements as to the quality and standard of shop front and fit-out? > > □ Yes > > \[*insert details or provide fit-out guide*\] > > □ 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—eg 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 > > \[*insert a list of all rent adjustment dates and adjustment methods—eg fixed increase by X%, fixed increase by $X, current market rent, indexed to CPI*\] 12 Rent based on turnover > 12.1 Is a rent based on turnover payable by the lessee? > > (Note, the lease must specify the method by which a rent based on turnover is to be determined) > > □ Yes > > \[*insert method of calculating the turnover rent*\] > > □ No > 12.2 If a rent based on turnover is not required to be paid, does the lessor require the lessee to provide details of turnover? > > □ Yes □ No Part 5 Outgoings 13 Contribution by lessee towards outgoings > 13.1 Is the lessee required to pay or contribute to outgoings? > > □ No > > □ Yes—fixed amount \[per annum/other period\] of $ > > □ Yes—floating amount \[per annum/other period\] in respect of outgoings for which an estimate is provided in item 14 > 13.2 Describe any period during which the lessee is not required to pay outgoings— > 13.3 Date on which payment in respect of outgoings is to commence— > > / /20 > 13.4 Formula(e) for apportioning outgoings or determining lessee’s contribution to the total outgoings for the building/centre— > > \[*insert formula(e)*\] > 13.5 The outgoings that the lessee is required to pay or contribute to as a floating amount are each of the outgoings listed in item 14 for which an estimate of the outgoing is provided. 14 Outgoings that the lessee is required to pay or contribute towards— \[*Provide estimates for whichever of the following outgoings the lessee is liable to pay or contribute to. Estimates are for the accounting period of the lessor that is current when this disclosure statement is given or (if this disclosure statement is given less than 1 month before the start of the next accounting period of the lessor) for that next accounting period.*\] Estimates (including GST)— > 14.1 **Administration** > > Administration (excluding management fees and wages): $ > > Audit fees: $ > > Management fees: $ > 14.2 **Air conditioning/temperature control** > > Maintenance: $ > > Operating costs: $ > 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 levy: $ > > 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: $ > > Land tax: $ > 14.10 **Repairs** > > Repairs and maintenance: $ > > Sinking fund for repairs and maintenance: $ > > Note. > > Under section 23 of the [Retail Leases Act 1994](/view/html/inforce/current/act-1994-046), the lessor may not recover the capital costs of the building/centre from the lessee. > 14.11 **Utility services** > > Electricity: $ > > Gas: $ > > Oil: $ > > Water: $ > 14.12 **Waste management** > > Sewage disposal: $ > > Waste collection and disposal: $ > 14.13 **Other outgoings***\[list\]*: $ > 14.14 Total estimated outgoings for the building/centre: $ > 14.15 Total estimated lessee contribution to outgoings: $ Part 6 Other costs 15 Advertising and promotional costs > 15.1 Is the lessee required to contribute towards advertising and promotional costs (including marketing fund contributions) for the building/centre? > > □ Yes □ No > 15.2 Lessee’s contribution to advertising and promotional costs per annum— > > □ Not applicable > > □ Yes—contribution per annum is $ Actual/Estimate > > □ Yes—contribution per annum is % of the rent (excluding GST) payable from time to time > > □ Yes \[*insert details of lessee’s contribution per annum and how this is determined*\] 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— > > \[*eg interest and legal costs*\] Part 7 Alteration works (including renovations, extensions, redevelopment, demolition) 17 Alteration works > 17.1 Are there any alteration works, planned or known to the lessor at this point in time, to the premises or building/centre, including surrounding roads, during the term or any further term or terms? > > □ Yes > > \[*insert details of the proposed works*\] > > □ No 18 Clauses in lease dealing with relocation and demolition works > 18.1 Clause(s) in lease providing for relocation of lessee— > > □ Clause(s) of the lease > > □ Not applicable > 18.2 Clause(s) in lease providing for demolition of the premises > > □ Clause(s) of the lease > > □ Not applicable Part 8 Trading hours 19 Core trading hours relevant to lessee | Monday— | am to | pm | | Tuesday— | am to | pm | | Wednesday— | am to | pm | | Thursday— | am to | pm | | Friday— | am to | pm | | Saturday— | am to | pm | | Sunday— | am to | pm | | Public holidays— | am to | pm | 20 Lessee access to premises outside core trading hours > 20.1 Is the lessee permitted to access the premises and building/centre outside core trading hours? > > □ Yes > > \[*provide details including cost of access*\] > > □ No Part 9 Retail shopping centre details Note. This Part must only be completed if the premises are in a retail shopping centre as defined in section 3 of the [Retail Leases Act 1994](/view/html/inforce/current/act-1994-046). 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/ | | | | Excluding GST | | | 22.2 | Annual estimated turnover for specialty shops, per m2 (where collected) | | | Food | $ per m2 | | | | Including GST/ | | | | Excluding GST | | | Non food | $ per m2 | | | | Including GST/ | | | | Excluding GST | | | Services | $ per m2 | | | | Including GST/ | | | | Excluding GST | 23 Major/anchor lessees > 23.1 Major/anchor lessees and lease expiry dates— > > \[*list all major and anchor lessees (eg department stores, discount department stores, supermarkets) and the dates on which leases held by those lessees expire*\] 24 Floor plan and tenancy mix > 24.1 Floor plan showing tenancy mix, common areas, common area trading, kiosks and major lessees— > > □ Attached as per item 34.1 > 24.2 Does the lessor assure the lessee that the current tenant mix will not be altered by the introduction of a competitor? > > □ Yes □ No 25 Customer traffic flow information > 25.1 Does the lessor collect customer traffic flow information? > > □ Yes—attached as per item 34.2 > > □ No 26 Casual mall licensing for common areas > 26.1 Do you adhere to the Shopping Centre Council of Australia’s Casual Mall Licensing Code of Practice? > > □ Yes—attached as per item 34.3 > > □ 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? > > □ Yes > > \[*provide details*\] > > □ No 28 Representations by lessor > 28.1 Any other representations by the lessor or the lessor’s agent— > > \[*lessor to insert details of any other oral or written representations made by the lessor or the lessor’s agent*\] Part 11 Lessor acknowledgements and signature 29 Acknowledgements by lessor **By signing this disclosure statement, the lessor confirms and acknowledges that:** > • this disclosure statement contains all representations in relation to the proposed lease by the lessor and the lessor’s agents as at the date of this disclosure statement, > • this disclosure statement reflects all agreements that have been made by the parties, > • the lessor has not knowingly withheld information which is likely to have an impact on the lessee’s proposed business. **Warnings to lessor when completing this disclosure statement:** > • The lessee may have remedies including termination of lease if the information in this statement is misleading, false or materially incomplete. 30 Lessor’s signature > 30.1 Name of lessor > > \[*insert name of lessor*\] > 30.2 Signed by the lessor or the lessor’s agent for and on behalf of the lessor > > ................................... > 30.3 Name of the lessor’s authorised representative or lessor’s agent > > \[*insert name of person signing with the authority of the lessor*\] > 30.4 Date Part 12 Lessee acknowledgements and signature 31 Acknowledgements by the lessee **By signing this disclosure statement, the lessee confirms and acknowledges that the lessee received this disclosure statement.** **Before entering into a lease, lessees 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 lessor? > > > • rights and obligations under a head lease? > • Do the premises comply with building and safety regulations? Are the premises affected by outstanding notices by any authority? > • Could your trading be affected by disturbances or changes to the building/centre? > • Does the lessor require you to refurbish the premises regularly or at the end of the lease? > • Can the lessor 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 (if applicable) likely to change during the term of the lease? (see item 24.2) 32 Lessee’s signature **It is important that a lessee seek independent legal and financial advice before entering into a lease.** \[*Section 11A of the [Retail Leases Act 1994](/view/html/inforce/current/act-1994-046) requires a lessee’s disclosure statement to be provided to the lessor within 7 days (or any agreed further period) of the lessee receiving the lessor’s disclosure statement. The lessee may be liable to a penalty for an offence under that Act if the lessee’s disclosure statement is not provided.*\] > 32.1 Name of lessee > > \[*insert name of lessee*\] > 32.2 Signed by the lessee or for and on behalf of the lessee > > ................................... > 32.3 Name of the lessee’s authorised representative > > \[*insert name of person signing with the authority of the lessee*\] > 32.4 Date / /20 Part 13 Attachments 33 List of attachments > 33.1 Plan of premises (see item 1.2) > > □ Yes > > □ Not applicable > 33.2 Head lease or Crown lease (see item 4.2) > > □ Yes > > □ Not applicable > 33.3 Additional attachments > > \[*list of any additional attachments*\] 34 List of attachments—retail shopping centre > 34.1 Floor plan (see item 24.1) > > □ Yes > > □ Not applicable > 34.2 Customer traffic flow statistics (see item 25.1) > > □ Yes > > □ Not applicable > 34.3 Casual mall licensing policy (see item 26.1) > > □ Yes > > □ Not applicable > 34.4 Additional attachments relating to the retail shopping centre > > \[*list of any additional attachments*\] Part B Lessee’s disclosure statement Advice to the lessor > 1 The lessee acknowledges that the attached Part 1, Lessor’s Disclosure Statement, was received from the lessor prior to entering into the lease. > 2 The lessor has made available to the lessee a copy of the proposed retail shop lease and a copy of a retail tenancy guide as prescribed by or identified in the regulations. > 3 The lessee has sought/not sought independent advice in respect of the commercial terms contained in the Lessor’s Disclosure Statement and the obligations contained in the proposed retail shop lease. > 4 The lessee believes that the lessee 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 lessee’s own business projections for the business. > 5 In entering into the retail shop lease, the lessee has relied on the following statements or representations made by the lessor or the lessor’s agents— > > Note. > > Matters such as agreements or representations relating to exclusivity or limitations on competing uses, sales or customer traffic should be detailed. > 6 Apart from the statements or representations set out above, no other promises, representations, warranties or undertakings (other than those contained in the lease) have been made by the lessor to the lessee in respect of the premises or the business to be carried out on the premises. Should more space be required please detail on another page. Signed by or for and on behalf of the lessee— Date— **sch 2:** Am 1997 No 52, Sch 1 \[16\]. Subst 1998 No 169, Sch 1 \[58\]; 2005 No 90, Sch 1 \[91\]. Am 2006 No 58, Sch 1.29 \[3\]; 2010 (677), Sch 1; 2010 (733), cl 3 (1)–(3); 2017 No 2, Sch 1 \[84\]–\[87\]; 2017 No 63, Sch 4.40.