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Retail Legislation
The retail legislation is State-based, so the prescribed relocation provisions will depend on which state the premises is located in.
In New South Wales, Queensland, Victoria and Australian Capital Territory, the landlord may not relocate a tenant until it has complied with the following:
provide three months’ notice in writing with details of the proposed refurbishment, redevelopment sufficient that illustrates it is a proposal that cannot be carried out without vacant possession of the shop; and
offer a lease for the remaining term of the existing lease on the same terms adjusted to factor into account the difference in the commercial values of the current retail shop and the alternative shop premises at the time of relocation.
the tenant has a right to terminate the lease within one month of receiving the relocation notice by giving notice of termination in writing to the landlord in which case, the agreed lease is terminated three months after the notice of relocation unless the parties agree otherwise. If the tenant fails to give a termination notice, the tenant is taken to have accepted the offer of relocation unless the parties have agreed otherwise.
statutory compensation includes payment for the reasonable costs of fit out and legal costs. |
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