Retail tenancy legislation in Western Australia has been gearing up for a major change. The Commercial Tenancy (Retail Shops) Agreements Act 1985 has been amended in a number of ways that are predominantly aimed at further increasing protections for small business retailers.

The amendments are contained in an amending Act, the Commercial Tenancy (Retail Shops) Agreements Amendment Act 2011 (“Amending Act”), and a set of amending Regulations, being the Commercial Tenancy (Retail Shops) Agreements Amendment Regulations (No. 2) 2012 (“Amending Regulations”). While the Amending Act was proclaimed in 2011, the substantive provisions came into force (with the exception of some transitional arrangements) on 1 January 2013. They will greatly impact various aspects of retail leasing practice in Western Australia.

What follows is a brief summary of some of the key changes. Please note that this is not an exhaustive list of the amendments.

Should you have any queries, or require any specific advice in relation to the implications of the Amending Act and the Amending Regulations, please do not hesitate to our office to arrange an appointment with one of our lawyers.

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