Retail Lease Lawyer | Retail Commercial Lease Agreement
Need a retail lease lawyer? If you are the landlord or the agent, we can help you prepare a retail lease (WA).
A retail lease (WA) is a special type of lease. It must comply with the Retail Shops Act. We can make sure that it does. Such a lease is also known as a retail commercial lease agreement.
What is a retail lease?
This means a lease relating to a retail shop.
There are many ways a lease becomes a retail lease (WA). You need advice from a retail lease lawyer.
Whether the lease is a retail commercial lease agreement may depend on things like:
- whether the tenant sells goods by retail;
- what services the tenant provides;
- how many premises are in the centre;
- how many tenants use those premises for a retail business;
- whether you, the landlord, owns all the premises;
- whether the land is strata;
- whether the premises are on different floor levels;
- whether the tenant operates a business in a centre even if the business is not retail; and
- whether the tenant carries on a retail business even if not in a centre.
This is not legal advice. You should obtain legal advice to suit your situation.
Retail Shops Act
The Retail Shops Act overrides a lease where the terms of the lease are different. If a clause in the lease conflicts with the Act, the clause is void.
The Act also requires you to give certain information to a tenant. This includes a disclosure statement and tenant guide. It also includes estimates of the operating expenses. The lease must also include the tenant guide.
What happens if you do not give the disclosure statement, tenant guide or other info? The tenant may be able to walk away from the lease.
The law on whether the lease is a retail shop lease can be daunting. If you are unsure of your duties as landlord, please contact us.