Do you have the right lease?

By Pamela Wardle, Senior Solicitor

Be careful!  Different laws apply to leases for commercial or industrial premises, retail shops and residences.

If you rent commercial or industrial premises, the enforceability of terms in a lease is governed by the broad provisions of the Property Law Act 1974 and the common law.

However, renting a retail shop or residence is also regulated by specific legislation.  For retail shops, the Retail Shop Leases Act 1994:

1. requires both the Lessor (landlord) and the Lessee (tenant) to provide certain information which, if not provided, may give rise for a party to terminate the Lease;
2. provides terms which apply whether or not they are included in the Lease and may apply even if they are specifically excluded from or contradicted in the Lease (eg restricting certain payments); and
3. provides specific mechanisms to resolve disputes.

For residences, the Residential Tenancies and Rooming Accommodation Act 2008:
1.       restricts certain payments;
2.       provides strict termination periods; and
3.       also provides specific mechanisms to resolve disputes.

It is important to know which laws apply to your lease to ensure the terms of your lease are enforceable against the other party.