23Landlord’s disclosure statements

23 Landlord’s disclosure statements

(1)  Subject to subsection (2) , the Director is to make a determination that specifies the form and the content of a landlord’s disclosure statement.

(2)  A landlord’s disclosure statement must –

(a) specify –

(i) the rent that is payable by the tenant under the retail lease and the method used to calculate that rent; and

(ii) when a review of the rent that is payable by the tenant under the retail lease is to take place and the basis on which the review is to be made; and

(iii) all other actual costs and charges, or estimated costs and charges, that are payable by the tenant under the retail lease, including, in the case of estimated costs and charges, the method of calculating the estimated costs and charges; and

(b) have included with it –

(i) a copy of the retail leases guide; and

(ii) a copy of the proposed retail lease; and

(iii) a copy of the code of practice; and

(c) contain a statement notifying the tenant that he or she should seek independent legal advice; and

(d) contain, or have attached to it, any information, or material, that is relevant to the retail lease that the Director specifies in a determination made under subsection (1) .

(3)  If the retail premises are situated in a retail shopping centre, in addition to the requirements of subsections (1) and (2) , the landlord’s disclosure statement must also specify –

(a) the annual sales of the retail shopping centre; and

(b) the annual turnover per square metre of, if possible, at least 3 different categories of retail premises, including but not limited to retail premises selling food, selling other goods or providing a service, in the retail shopping centre; and

(c) if the information is readily available, a recent traffic count at the retail shopping centre; and