Retail Leases Amendment Regulations 2022
Come into effect on 1st December 2022 (VIC)
A summary of the changes is as follows:
- The cover page note to the Landlord disclosure statements for premises not located in shopping centres and premises located in shopping centres are both updated to confirm the disclosure statement and a copy of the proposed lease must be given at least 14 days before entering into a lease, as required by Section 17(1) of the RLA. This timeframe was previously seven days up until the 2020 amendments were made to the RLA and the proposed lease was not referenced.
- Sections relevant to outgoings estimates in Landlord disclosure statements are updated to include notes referencing a Landlord’s liability for certain costs with respect to maintenance and repair under Section 52 of the RLA.
- The Landlord’s disclosure statement on renewal now requires the Landlord to provide details of any changes from the previous disclosure statement given. This reflects the requirement under Section 26(2)(a) of the RLA which was also introduced under the 2020 amendments. Interestingly, no equivalent changes were made with respect to Section 28(1A)(e) of the RLA, which also requires Landlords to give tenants details of the most recent disclosure statement provided to the tenant (other than rent) at the time the Landlord gives an option reminder notice.
The updated regulations can be read in full here: Updated Regulations
Please contact our property management team on 9699 7500 or via email justin@lemonbaxter.com.au for any further information about the provisions or to find out how we can assist you with our property management services.