(b) the Retail Leases Amendment Regulations 2022[2].
5 Definitions
In these Regulationsβ
fire services property levy has the same meaning as levy has in section 3 of the Fire Services Property Levy Act 2012;
relevant fraction means the fraction calculated using this formulaβ
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whereβ
A is the lettable area of the retail premises; and
B is the total of lettable areas of all the premises which receive the benefit of the outgoings;
the Act means the Retail Leases Act 2003.
6 Meaning of *retail premises*
(1) For the purposes of section 4(2)(a) of the Act, the prescribed amount is $1 000 000 per annum exclusive of GST.
(2) For the purposes of section 4(3)(c) of the Act, advertising and promotional services, including marketing fund contributions, are prescribed as an other cost of a prescribed kind.
7 Provision of landlord's disclosure statement and proposed lease
For the purposes of section 17(1)(a) of the Act, the form of landlord's disclosure statement is in the prescribed formβ
(a) in respect of retail premises not located in a retail shopping centre, if it contains the information and material specified in Schedule 1; or
(b) in respect of retail premises located in a retail shopping centre, if it contains the information and material specified in Schedule 2.
8 Landlord's disclosure on renewal of lease
For the purposes of section 26(1) of the Act, the form of landlord's disclosure statement on renewal of a lease is in the form prescribed if it contains the information and material specified in Schedule 3.
9 Recovery of outgoings from the tenant
For the purposes of section 39(2) of the Act, the amount of an outgoing may be determined and apportioned to a tenant by multiplying the total amount of the outgoing by the relevant fraction.
10 Liability to contribute to non-specific outgoings
For the purposes of section 40(2) of the Act, a tenant is not liable to contribute towards an outgoing of the landlord in excess of an amount calculated by multiplying the total amount of the outgoing by the relevant fraction.
11 Statement of outgoings
(1) For the purposes of section 47(5)(b)(i) of the Act, the prescribed percentage is 10 per cent.
(2) For the purposes of section 47(6)(a)(v) of the Act, the following are prescribed as other outgoingsβ
(a) fire services property levy;
(b) owners corporation fees.
12 Procedure for obtaining consent to assignment
(1) For the purposes of section 61(5) of the Act, the form of landlord's disclosure statement isβ
(a) if the retail premises are not located in a retail shopping centre, in Schedule 1; or
(b) if the retail premises are located in a retail shopping centre, in Schedule 2.
(2) For the purposes of section 61(5A) of the Act, the form of tenant's disclosure statement is in the form prescribed if it contains the information and material specified in Schedule 4.
Schedule 1βLandlord's disclosure statementβretail premises not located in retail shopping centres
Regulations 7(a) and 12(1)(a)
Landlord's Disclosure StatementβRetail Premises not Located in Retail Shopping Centres
by the landlord under sections 17(1)(a) and 61(5) of the Retail Leases Act 2003
NOTE
This statement is to be completed by the landlord and must be provided to the tenant with a copy of the proposed lease at least 14 days before the signing of a new lease. If this statement and the proposed lease are provided to the tenant less than 14 days before a new lease is entered into, the lease is taken to commence 14 days after the disclosure statement and proposed lease are given to the tenant.
The layout of this statement does not need to be the same as the prescribed disclosure statement in the Retail Leases Regulations 2023.
It is recommended that a tenant obtain independent legal and financial advice before entering into a retail premises lease.
The tenant has remedies including termination of a lease under the Retail Leases Act 2003 if information in this statement is misleading, false or materially incomplete.
Information contained in this statement is correct as at the date of this statement but may change after the date of this statement and during the term of the lease.
DISCLOSURE STATEMENT
by the landlord
Landlord:
Tenant:
Premises:
PART 1 PREMISES
1Premises details
1.1 Street address of premises[insert street address of premises and, as applicable, shop number, name of the building in which the premises is located, street address of the building]
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 23.1]
1.3 Lettable area of premises Will a survey be conducted? m2Actual/Estimateπ Yesπ No
1.4 Existing structures, fixtures, plant and equipment in the premises, provided by the landlord (excluding any works, fit out and refurbishment described in Part 3)
[select as appropriate]π air conditioningπ cool roomπ floor coverageπ grease trapπ hot water serviceπ lightingπ mechanical exhaustπ painted walls π plastered wallsπ shop frontπ sinkπ sprinklersπ suspended ceilingsπ telephoneπ water supplyπ waste
π electrical distribution load (3 phase)π electrical distribution load (single phase)π separate utility meterβgasπ separate utility meterβwaterπ separate utility meterβelectricityπ other
1.5 Services and facilities provided by the landlord for the benefit of the premises (for example, security services, cleaning)
2Permitted use
2.1 Description of permitted use(Note: the tenant should investigate if the proposed use of the premises is permitted under planning laws.)
3Number of car parking spaces
3.1 Approximate total spaces spaces
3.2 Available spaces for customers of the building spaces
3.3 Reserved spaces for use of the tenant only spaces
4Head lease
4.1 Is the premises under a head lease or Crown lease? π Yesπ No
4.2 Has the landlord provided a copy of the head lease or Crown lease to the tenant? π Yesβattached as per item 23.2π Noπ Not applicable
4.3 Current term under the head lease or Crown lease and option/s to renew π Not applicable π 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 landlord under the head lease]
4.4 Is the head landlord's consent to the lease required? π Yesπ No
PART 2 TERM OF LEASE AND OPTION/S TO RENEW LEASE
5Term of lease
5.1 Date lease commences[see also date of handover at item 7] / /20Actual/Estimate
5.2 Length of term years months
5.3 Date lease expires[based on the date indicated at item 5.1 as the date the lease commences] / /20
6Option/s to renew lease
6.1 Option/s details (Note: an option to renew a lease must be exercised in writing and given to the landlord on or before the last day stated in the option clause of the lease.) π No options to renew lease π Options as follows:
Length of option Period of option Exercise date
yearsActual/Estimate
yearsActual/Estimate / /20 to
/ /20 / /20 to
/ /20 / /20 to
/ /20 / /20 to
/ /20
[list all options to renew lease]
PART 3 WORKS, FIT OUT AND REFURBISHMENT
7Date of handover
7.1 Date of handover[if different to the date the lease commences indicated at item 5.1] / /20Actual/Estimate
8Landlord's works
8.1 Description of works to be carried out by the landlord before the date the lease commences[exclude any works that form part of the tenant's fit out at item 9]
8.2 Estimate of expected contribution by the tenant towards the cost of the landlord's works $
[see also outgoings (item 13) in relation to any maintenance and repair outgoings]
9Tenant's fit out works
9.1 Fit out works to be carried out by the tenant[excluding the landlord's works at item 8]
9.2 Is the landlord providing any contribution towards the cost of the tenant's fit out? π Yes[insert details of landlord's contribution] π No
9.3 Does the landlord have requirements as to the quality and standard of shop front and fit out? π Yes[insert details or provide fit out guide] π No
PART 4 RENT
10Annual 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 paidβe.g. 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]
11Rent adjustment (rent review)
11.1 Rent adjustment date(s) and adjustment method[insert a list of all rent adjustment dates and adjustment methods βe.g. fixed increase by X%, fixed increase by $X, current market rent, indexed to CPI]
PART 5 OUTGOINGS
12Contribution by tenant towards landlord's outgoings
12.1 Is the tenant required to pay or contribute towards the landlord's outgoings? π Yesπ No
12.2 Describe any period during which the tenant is not required to pay outgoings
12.3 Date on which payment of outgoings is to commence / /20
12.4 Formulae for apportioning outgoings[insert formulae on how outgoings payable by tenant are to be apportioned]
13Outgoings estimates (annual) for the 12 month period
/ /20 to / /20[state which of the following are payable by the tenant. The landlord may be prevented by theRetail Leases Act 2003from claiming certain costs]
Estimate per annum for the building (Including/Excluding GST)
13.2 Air conditioning/temperature controlAir conditioning maintenanceAir conditioning operating costs(Note: section 52 of the Retail Leases Act 2003 provides for the landlord's liability for certain costs relating to repairs and maintenance work.) $$
13.3 Building managementBody corporate/strata leviesBuilding intelligence servicesEnergy management servicesGardening and landscapingInsurancePest controlVentilation $$$$$$$
13.4 Building securityCaretakingEmergency systemsFire protectionSecurity services $$$$
13.6 Government rates and chargesLocal government rates and chargesWater, sewerage and drainage rates and chargesFire services property levy(Note: under section 50 of the Retail Leases Act 2003, the landlord may not claim land tax as an outgoing.) $
$$
13.7 RepairsRepairs and maintenanceSinking fund for repairs and maintenance(Note: under section 41 of the Retail Leases Act 2003, the landlord may not claim the capital costs of the building in which the premises are located)(Note: section 52 of the Retail Leases Act 2003 provides for the landlord's liability for certain costs relating to repairs and maintenance work.) $$
13.8 Utility servicesElectricityGasOilWater $$$$
13.9 Waste managementSewerage disposalWaste collection and disposal $$
13.10 List any other outgoings $$$
13.11 Estimated tenant contribution to outgoings $
PART 6 OTHER COSTS
14Other monetary obligations and charges
14.1 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[e.g. interest and legal costs]
PART 7 ALTERATION WORKS (INCLUDING RENOVATIONS, EXTENSIONS, REDEVELOPMENT, DEMOLITION)
15Alteration works
15.1 Are there any alteration or demolition works, planned or known to the landlord at this point in time, to the premises or building, including surrounding roads, during the term or any further term or terms? π Yes [insert details of the proposed works] π No
16Clauses in lease dealing with relocation and demolition works
16.1 Clause(s) in lease providing for relocation of tenant π Clause(s) of the lease π Not applicable
16.2 Clause(s) in lease providing for demolition of the premises or building π Clause(s) of the lease π Not applicable
PART 8 OTHER DISCLOSURES
17Other disclosures
17.1 Are there any current legal proceedings in relation to the lawful use of the premises or building? π Yes [provide details] π No
17.2 Are there any alteration or demolition works, planned or known to the landlord at this point in time, to land adjacent to or in close proximity to the premises or building, during the term or any further term or terms?π Yes [provide details] π No
18Representations by landlord
18.1 Any other representations by the landlord or the landlord's agent[landlord to insert details of any other oral or written representations made by the landlord or the landlord's agent]
PART 9 LANDLORD ACKNOWLEDGEMENTS AND SIGNATURE
19Acknowledgements by landlord
By signing this disclosure statement, the landlord confirms and acknowledges that: β this disclosure statement contains all representations in relation to the proposed lease by the landlord and the landlord's agents as at the date of this disclosure statement; β this disclosure statement reflects all agreements that have been made by the parties; β the landlord has not knowingly withheld information which is likely to have an impact on the tenant's proposed business.
Warnings to landlord when completing this disclosure statement: β the tenant may have remedies including termination of lease if the information in this statement is misleading, false or materially incomplete.
20Landlord's signature
20.1 Name of landlord[insert name of landlord]
20.2 Signed by the landlord or the landlord's agent for and on behalf of the landlordx................................................................
20.3 Name of the landlord's authorised representative or landlord's agent[insert name of person signing with the authority of the landlord]
20.4 Date / /20
PART 10 TENANT ACKNOWLEDGEMENTS AND SIGNATURE
21Acknowledgements by the tenant
By signing this disclosure statement, the tenant confirms and acknowledges that the tenant received this disclosure statement.
Before entering into a lease, tenants should consider these key questions: β Does the planning authority allow your proposed use for the premises under planning law? β Is the security of your occupancy affected by: β mortgages, charges or encumbrances granted by the landlord? β rights and obligations under a head lease? β Does the premises comply with building and safety regulations? Is the premises affected by outstanding notices by any authority? β Could your trading be affected by disturbances or changes to the building? β Does the landlord require you to refurbish the premises regularly or at the end of the lease?
β Can the landlord end the lease early even if you comply with the lease? β Are all the existing structures, fixtures and plant and equipment in good working order? β Are you required to make good the premises at the end of the lease?
22Tenant's signature
It is important that a tenant seek independent legal and financial advice before entering into a lease.
22.1 Name of tenant[insert name of tenant]
22.2 Signed by the tenant or for and on behalf of the tenantx......................................................................
22.3 Name of the tenant's authorised representative[insert name of person signing with the authority of the tenant]
22.4 Date / /20
PART 11 ATTACHMENTS
23List of attachments
Attached?
23.1 Plan of premises
[see item 1.2] π Yesπ Not applicable
23.2 Head lease or Crown lease
[see item 4.2] π Yesπ Not applicable
23.3 Additional attachments[list of any additional attachments]
Schedule 2βLandlord's disclosure statementβretail premises located in retail shopping centres
Regulations 7(b) and 12(1)(b)
Landlord's Disclosure Statementβretail premises located in Retail Shopping Centres
by the landlord under sections 17(1)(a) and 61(5) of the Retail Leases Act 2003
NOTE
This statement is to be completed by the landlord and must be provided to the tenant with a copy of the proposed lease at least 14 days before the signing of a new lease. If this statement and the proposed lease are provided to the tenant less than 14 days before a new lease is entered into, the lease is taken to commence 14 days after the disclosure statement and proposed lease are given to the tenant.
The layout of this statement does not need to be the same as the prescribed disclosure statement in the Retail Leases Regulations 2023.
It is recommended that a tenant obtain independent legal and financial advice before entering into a retail premises lease.
The tenant has remedies including termination of a lease under the Retail Leases Act 2003 if information in this statement is misleading, false or materially incomplete.
Information contained in this statement is correct as at the date of this statement but may change after the date of this statement and during the term of the lease.
DISCLOSURE STATEMENT
by the landlord
Landlord:
Tenant:
Premises:
KEY DISCLOSURE ITEMS
1
Annual base rent under the lease<br>[see item 10.1]
$ p.a.<br>Including/Excluding GST
2
Is a rent based on turnover payable by the tenant in year 1?<br>[see item 12]
π Yes<br>π No
3
Total estimated outgoings and promotion and marketing costs for the tenant in year 1<br>[see Parts 5 and 6]
$<br>Including/Excluding GST
4
Term of the lease<br>[see item 5]
years months
5
Estimated commencement date of the lease<br>[see item 5.1]
/ /20
6
Estimated handover date of the premises<br>[see item 7.1]
/ /20
7
Does the tenant have an option to renew for a further period (exercised in writing and given to the landlord on or before the last day stated in the option clause)?<br>[see item 6]
π Yes<br>π No
8
Does the lease provide the tenant with exclusivity in relation to the permitted use of the premises?<br>[see item 2.2]
π Yes<br>π No
PART 1 PREMISES
1Premises 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 is 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 Will a survey be conducted? m2Actual/Estimateπ Yesπ No
1.4 Existing structures, fixtures, plant and equipment in the premises, provided by the landlord (excluding any works, fit out and refurbishment described in Part 3)
[select as appropriate]π air conditioningπ cool roomπ floor coverageπ grease trapπ hot water serviceπ lightingπ mechanical exhaustπ painted walls π plastered wallsπ shop frontπ sinkπ sprinklersπ suspended ceilingsπ telephoneπ water supplyπ waste
π electrical distribution load (3 phase)π electrical distribution load (single phase)π separate utility meterβgasπ separate utility meterβwaterπ separate utility meterβelectricityπ other
1.5 Services and facilities provided by the landlord for the benefit of the premises (for example, security services, cleaning)
2Permitted use
2.1 Description of permitted use(Note: the tenant 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 tenant? π Yesπ No
3Number 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 tenant only spaces
4Head lease
4.1 Is the premises under a head lease or Crown lease? π Yesπ No
4.2 Has the landlord provided a copy of the head lease or Crown lease to the tenant? π Yesβattached as per item 33.2π Noπ Not applicable
4.3 Current term under the head lease or Crown lease and option/s to renew π Not applicable π 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 landlord under the head lease]
4.4 Is the head landlord's consent to the lease required? π Yesπ No
PART 2 TERM OF LEASE AND OPTION/S TO RENEW LEASE
5Term of lease
5.1 Date lease commences[see also date of handover at item 7] / /20Actual/Estimate
5.2 Length of term years months
5.3 Date lease expires[based on the date indicated at item 5.1 as the date the lease commences] / /20
6Option/s to renew lease
6.1 Option/s details (Note: an option to renew a lease must be exercised in writing and given to the landlord on or before the last day stated in the option clause of the lease.) π No options to renew lease π Options as follows:
Length of option Period of option Exercise date
yearsActual/Estimate
yearsActual/Estimate / /20 to
/ /20 / /20 to
/ /20 / /20 to
/ /20 / /20 to
/ /20
[list all options to renew lease]
PART 3 WORKS, FIT OUT AND REFURBISHMENT
7Date of handover
7.1 Date of handover[if different to the date the lease commences indicated at item 5.1] / /20Actual/Estimate
8Landlord's works
8.1 Description of works to be carried out by the landlord before the date the lease commences[exclude any works that form part of the tenant's fit out at item 9]
8.2 Estimate of expected contribution by the tenant towards the cost of the landlord's works $
[see also outgoings (item 14) in relation to any maintenance and repair outgoings]
9Tenant's fit out works
9.1 Fit out works to be carried out by the tenant[excluding the landlord's works at item 8]
9.2 Is the landlord providing any contribution towards the cost of the tenant's fit out? π Yes[insert details of landlord's contribution] π No
9.3 Does the landlord have requirements as to the quality and standard of shop front and fit out? π Yes[insert details or provide fit out guide] π No
PART 4 RENT
10Annual 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 paidβe.g. 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]
11Rent adjustment (rent review)
11.1 Rent adjustment date(s) and adjustment method[insert a list of all rent adjustment dates and adjustment methods βe.g. fixed increase by X%, fixed increase by $X, current market rent, indexed to CPI]
12Rent based on turnover
12.1 Is a rent based on turnover payable by the tenant?(Note: the lease must specify the method by which a rent based on turnover is to be determined.) π Yes [insert method of calculating the turnover rent] π No
12.2 If a rent based on turnover is not required to be paid, does the landlord require the tenant to provide details of turnover? π Yesπ No
PART 5 OUTGOINGS
13Contribution by tenant towards landlord's outgoings
13.1 Is the tenant required to pay or contribute towards the landlord's outgoings? π Yesπ No
13.2 Describe any period during which the tenant is not required to pay outgoings
13.3 Date on which payment of outgoings is to commence / /20
13.4 Formulae for apportioning outgoings[insert formulae on how outgoings payable by tenant are to be apportioned]
14Outgoings estimates (annual) for the 12 month period
/ /20 to / /20[state which of the following are payable by the tenant] (Note: The landlord may be prevented by the Retail Leases Act 2003 from claiming certain costs.)
Estimate per annum for the building/centre(Including/Excluding GST)
14.2 Air conditioning/temperature controlAir conditioning maintenanceAir conditioning operating costs(Note: section 52 of the Retail Leases Act 2003 provides for the landlord's liability for certain costs relating to repairs and maintenance work.) $$
Customer information services<br>Information directories<br>Public address/music<br>Signage
$<br>$<br>$
14.9
Government rates and charges<br>Local government rates and charges<br>Water, sewerage and drainage rates and charges<br>Fire services property levy<br>(Note: under section 50 of the Retail Leases Act 2003, the landlord may not claim land tax as an outgoing.)
$ <br>$<br>$
14.10
Repairs<br>Repairs and maintenance<br>Sinking fund for repairs and maintenance<br>(Note: section 52 of the Retail Leases Act 2003 provides for the landlord's liability for certain costs relating to repairs and maintenance work.)
$<br>$
14.11 Utility servicesElectricityGasOilWater $$$$
14.12 Waste managementSewerage disposalWaste collection and disposal $$
14.13 List any other outgoings $$$
14.14 Total outgoings for the building/centre $
14.15 Formula for determining tenant's share of the total outgoings for the building/centre
14.16 Estimated tenant contribution to outgoings $
PART 6 OTHER COSTS
15Advertising and promotional costs
15.1 Is the tenant required to contribute towards advertising and promotional costs (including marketing fund contributions) for the building/centre? π Yesπ No
15.2 Tenant's contribution to advertising and promotional costs per annum π Not applicable π Yesβcontribution per annum is $ Actual/Estimate π Yesβcontribution per annum is % of the rent (excluding GST) payable from time to time π Yes [insert details of tenant's contribution per annum and how this is determined]
16Other 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[e.g. interest and legal costs]
PART 7 ALTERATION WORKS (INCLUDING RENOVATIONS, EXTENSIONS, REDEVELOPMENT, DEMOLITION)
17Alteration works
17.1 Are there any alteration or demolition works, planned or known to the landlord at this point in time, to the premises or building/centre, including surrounding roads, during the term or any further term or terms? π Yes [insert details of the proposed works] π No
18Clauses in lease dealing with relocation and demolition works
18.1 Clause(s) in lease providing for relocation of tenant π Clause(s) of the lease π Not applicable
18.2 Clause(s) in lease providing for demolition of the premises or building/centre π Clause(s) of the lease π Not applicable
PART 8 TRADING HOURS
19Core trading hours relevant to the tenant
Monday Tuesday Wednesday Thursday Friday a.m. to p.m. a.m. to p.m. a.m. to p.m. a.m. to p.m. a.m. to p.m.
Saturday Sunday a.m. to p.m. a.m. to p.m.
Public holidays a.m. to p.m.
20Tenant access to premises outside core trading hours
20.1 Is the tenant permitted to access the premises and building/centre outside core trading hours? π Yes [provide details including cost of access] π No
PART 9 RETAIL SHOPPING CENTRE DETAILS
21Retail shopping centre details
21.1 Total number of shops shops
21.2 Gross lettable area of the centre m2Actual/Estimate
22.2 Annual estimated turnover by specialty shops per m2
(where collected) Food
Non-food
Services $ per m2
Including GST/
Excluding GST$ per m2
Including GST/
Excluding GST$ per m2
Including GST/
Excluding GST
23Major/anchor tenants
23.1 Major/anchor tenants and lease expiry dates[list all major and anchor tenants (e.g. department stores, discount department stores, supermarkets) and the dates on which leases held by those tenants expire]
24Floor plan and tenancy mix
24.1 Floor plan showing tenancy mix, common areas, common area trading, kiosks and major tenants π Attached as per item 33.4
24.2 Does the landlord assure the tenant that the current tenant mix will not be altered by the introduction of a competitor? π Yesπ No
25Customer traffic flow information
25.1 Does the landlord collect customer traffic flow information? π Yesβattached as per item 33.5π No
26Casual mall licensing for common areas
26.1 Does the landlord adhere to the Shopping Centre Council of Australia's Casual Mall Licensing Code of Practice? π Yesβcasual mall licensing policy attached as per item 33.6π No
PART 10 OTHER DISCLOSURES
27Other disclosures
27.1 Are there any current legal proceedings in relation to the lawful use of the premises or building/centre?π Yes[provide details]π No
27.2 Are there any alteration or demolition works, planned or known to the landlord at this point in time, to land adjacent to or in close proximity to the premises or building/centre, during the term or any further term or terms?π Yes[provide details]π No
28Representations by landlord
28.1 Any other representations by the landlord or the landlord's agent[landlord to insert details of any other oral or written representations made by the landlord or the landlord's agent]
PART 11 LANDLORD ACKNOWLEDGEMENTS AND SIGNATURE
29Acknowledgements by landlord
By signing this disclosure statement, the landlord confirms and acknowledges that: β this disclosure statement contains all representations in relation to the proposed lease by the landlord and the landlord's agents as at the date of this disclosure statement; β this disclosure statement reflects all agreements that have been made by the parties; β the landlord has not knowingly withheld information which is likely to have an impact on the tenant's proposed business.
Warnings to landlord when completing this disclosure statement: β the tenant may have remedies including termination of lease if the information in this statement is misleading, false or materially incomplete.
30Landlord's signature
30.1 Name of landlord[insert name of landlord]
30.2 Signed by the landlord or the landlord's agent for and on behalf of the landlordx................................................................
30.3 Name of the landlord's authorised representative or landlord's agent[insert name of person signing with the authority of the landlord]
30.4 Date / /20
PART 12 TENANT ACKNOWLEDGEMENTS AND SIGNATURE
31Acknowledgements by the tenant
By signing this disclosure statement, the tenant confirms and acknowledges that the tenant received this disclosure statement.
Before entering into a lease, tenants should consider these key questions: β Does the planning authority allow your proposed use for the premises under planning law? β Is the security of your occupancy affected by: β mortgages, charges or encumbrances granted by the landlord? β rights and obligations under a head lease? β Does the premises comply with building and safety regulations? Is the premises affected by outstanding notices by any authority? β Could your trading be affected by disturbances or changes to the building/centre? β Does the landlord require you to refurbish the premises regularly or at the end of the lease?
β Can the landlord end the lease early even if you comply with the lease? β Are all the existing structures, fixtures and plant and equipment in good working order? β Are you required to make good the premises at the end of the lease? β Is the tenancy mix of the shopping centre likely to change during the term of the lease? [see item 24.2]
32Tenant's signature
It is important that a tenant seek independent legal and financial advice before entering into a lease.
32.1 Name of tenant[insert name of tenant]
32.2 Signed by the tenant or for and on behalf of the tenantx......................................................................
32.3 Name of the tenant's authorised representative[insert name of person signing with the authority of the tenant]
32.4 Date / /20
PART 13 ATTACHMENTS
33List of attachments
Attached?
33.1 Plan of premises
[see item 1.2] π Yesπ Not applicable
33.2 Head lease or Crown lease
[see item 4.2] π Yesπ Not applicable
33.3 Additional attachments[list of any additional attachments]
33.4 Floor plan
[see item 24.1] π Yesπ Not applicable
33.7 Additional attachments relating to the retail shopping centre[list of any additional attachments]
Schedule 3βLandlord's disclosure statement on renewal of lease
Regulation 8
Landlord's Disclosure Statement on Renewal of Lease
by the landlord under section 26(1) of the Retail Leases Act 2003
NOTE
This statement is to be completed by the landlord for renewed leases under section 26(1) of the Retail Leases Act 2003.
If the tenant has exercised or is entitled to exercise an option to renew a retail premises lease, the landlord is required to provide this statement to the tenant at least 21 days before the end of the current term.
In the situation where all of the parties to a retail premises lease enter into an agreement to renew the lease, the landlord is required to provide this statement to the tenant no later than 14 days after the entering into of the agreement.
The layout of this statement does not need to be the same as the prescribed disclosure statement in the Retail Leases Regulations 2023.
It is recommended that a tenant obtain independent legal and financial advice before renewing a retail premises lease.
The tenant has remedies including termination of a lease under the Retail Leases Act 2003 if information in this statement is misleading, false or materially incomplete.
Information contained in this statement is correct as at the date of this statement but may change after the date of this statement and during the term of the lease.
DISCLOSURE STATEMENT
by the landlord
Landlord:
Tenant:
Premises:
PART 1 KEY INFORMATION
1Renewal of lease
1.1 Date on which the option to renew the lease agreement for the premises was exercised, or date on which all of the parties to the lease entered into an agreement to renew the lease. [landlord to insert date]
1.2 Details of any changes from previous disclosure statement.
2Alteration works
2.1 Are there any alteration or demolition works, planned or known to the landlord at this point in time, to the premises or building/centre, including surrounding roads, during the term or any further term or terms? π Yes [insert details of the proposed works] π No
2.2 Details of any changes from previous disclosure statement.
3Other matters
3.1 Are there any other matters that may materially affect the tenant's ongoing business and are not referred to in the lease? [e.g. current legal proceedings, planned changes to tenancy mix]π Yes[insert details]π No
3.2 Are there any alteration or demolition works, planned or known to the landlord at this point in time, to land adjacent to or in close proximity to the premises or building/centre, during the term or any further term or terms?π Yes[provide details]π No
3.3 Details of any changes from previous disclosure statement.
4Other monetary obligations and charges
4.1 Outline any other costs arising under the renewed lease not including costs that are:ο· referred to in the statement of outgoings under section 47 of the Retail Leases Act 2003; or ο· referred to elsewhere in this disclosure statement.[e.g. interest and legal costs]
4.2 Details of any changes from previous disclosure statement.
PART 2 LANDLORD ACKNOWLEDGEMENTS AND SIGNATURE
5Acknowledgements by landlord
By signing this disclosure statement, the landlord confirms and acknowledges that: β the landlord has not knowingly withheld information that may materially affect the tenant's ongoing business.
Warning to landlord when completing this disclosure statement: β the tenant may have remedies including termination of lease if the information in this statement is misleading, false or materially incomplete.
6Landlord's signature
6.1 Name of landlord[insert name of landlord]
6.2 Signed by the landlord or the landlord's agent for and on behalf of the landlordx................................................................
6.3 Name of the landlord's authorised representative or landlord's agent[insert name of person signing with the authority of the landlord]
6.4 Date / /20
PART 3 TENANT ACKNOWLEDGEMENTS AND SIGNATURE
7Acknowledgements by the tenant
By signing this disclosure statement, the tenant confirms and acknowledges that the tenant received this disclosure statement.
8Tenant's signature
It is important that a tenant seek independent legal and financial advice before renewing the lease.
8.1 Name of tenant[insert name of tenant]
8.2 Signed by the tenant or for and on behalf of the tenantx......................................................................
8.3 Name of the tenant's authorised representative[insert name of person signing with the authority of the tenant]
8.4 Date / /20
Schedule 4βDisclosure statementβassigned lease where ongoing business
Regulation 12(2)
Disclosure StatementβAssigned Lease Where Ongoing Business
by the tenant under section 61(5A) of the Retail Leases Act 2003
NOTE
This statement is to be completed by the tenant if a lease assignment referred to in section 61(5A) of the Retail Leases Act 2003 is proposed. The statement should be provided to the landlord and proposed assignee.
Before the tenant requests the landlord's consent to the assignment, the tenant must give the proposed assignee a copy of the landlord's disclosure statement and details of changes that have affected the information in that statement since it was given to the tenant (see section 61(3) of the Retail Leases Act 2003).
The layout of this statement does not need to be the same as the prescribed disclosure statement in the Retail Leases Regulations 2023.
It is recommended that a proposed assignee obtain independent legal and financial advice before taking an assignment of a retail premises lease.
Information contained in this statement is correct as at the date of this statement but may change after the date of this statement and during the term of the lease.
DISCLOSURE STATEMENT
by the tenant
Tenant:
Proposed assignee:
Landlord:
Premises:
PART 1 ASSIGNMENT
1Business records
1.1 Has the tenant provided the proposed assignee with business records for the previous 3 years or such shorter period as the tenant has carried on business at the premises? π Yes π No
2Landlord notices
2.1 Over the term of the current lease agreement, has the landlord given any notices under the Retail Leases Act 2003 to the tenant? π Yes [insert details of notices given by the landlord] π No
3Lease variations
3.1 Have there been any material variations to the lease since the lease was first granted or last renewed? π Yes [insert details of lease variations] π No
4Advice on outgoings
4.1 If the tenant had occupied the premises for a period of greater than 12 months, what type and value of outgoings was the tenant liable to pay to the landlord with respect to the premises over the last 12 months?[tenant to list the type and value of outgoings paid to the landlord over the previous 12 month period]
5Disputes
5.1 Are there any current disputes between the landlord and tenant under or in relation to the lease? π Yes [insert details] π No
6Other matters
6.1 Are there any matters not connected to the lease agreement, planned or known to the tenant at this point in time that may materially affect the viability of the ongoing business over the remaining lease period? π Yes [insert details] π No
6.2 Are there any alteration or demolition works, planned or known to the tenant at this point in time, to the premises or building/centre, including surrounding roads, during the term or any further term or terms?π Yes [provide details] π No
6.3 Are there any alteration or demolition works, planned or known to the tenant at this point in time, to land adjacent to or in close proximity to the premises or building/centre, during the term or any further term or terms?π Yes [provide details] π No
PART 2 TENANT ACKNOWLEDGEMENTS AND SIGNATURE
7Acknowledgements by tenant
By signing this disclosure statement, the tenant confirms and acknowledges that: β this disclosure statement contains all representations in relation to the proposed lease and ongoing business by the tenant and the tenant's agents as at the date of this disclosure statement; β the tenant has not knowingly withheld information that may materially affect the proposed assignee's ongoing business.
8Tenant's signature
8.1 Name of tenant[insert name of tenant]
8.2 Signed by the tenant or the tenant's agent for and on behalf of the tenantx................................................................
8.3 Name of the tenant's authorised representative or tenant's agent[insert name of person signing with the authority of the tenant]
8.4 Date / /20
PART 3 PROPOSED ASSIGNEE ACKNOWLEDGEMENTS AND SIGNATURE
9Acknowledgements by the proposed assignee
By signing this disclosure statement, the proposed assignee confirms and acknowledges that the proposed assignee received this disclosure statement.
10Proposed assignee's signature
It is important that a proposed assignee seek independent legal and financial advice before taking assignment of a lease.
10.1 Name of proposed assignee[insert name of proposed assignee]
10.2 Signed by the proposed assignee or for and on behalf of the proposed assigneex......................................................................
10.3 Name of the proposed assignee's authorised representative[insert name of person signing with the authority of the proposed assignee]
10.4 Date / /20
PART 4 LANDLORD ACKNOWLEDGEMENTS AND SIGNATURE
11Acknowledgements by landlord
By signing this disclosure statement, the landlord confirms and acknowledges that the landlord received this disclosure statement.
12Landlord's signature
12.1 Name of landlord[insert name of landlord]
12.2 Signed by the landlord or the landlord's agent for and on behalf of the landlordx................................................................
12.3 Name of the landlord's authorised representative or landlord's agent[insert name of person signing with the authority of the landlord]
βββββββββββββ
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Retail Leases Regulations 2023, S.R. No. 24/2023 were made on 4 April 2023 by the Lieutenant-Governor as the Governor's deputy, with the advice of the Executive Council, under section 99 of the Retail Leases Act 2003, No. 4/2003 and came into operation on 15 April 2023: regulation 3.
The Retail Leases Regulations 2023 will sunset 10 years after the day of making on 4 April 2033 (see section 5 of the Subordinate Legislation Act 1994).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
β’ Headings
All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).
β’ Examples, diagrams or notes
All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).
β’ Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).
β’ Provision numbers
All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).
β’ Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
β’ Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).
2 Table of Amendments
There are no amendments made to the Retail Leases Regulations 2023 by statutory rules, subordinate instruments and Acts.
3 Explanatory details
Reg. 4(a): S.R. No. 41/2013 as amended by S.R. No. 99/2022. β