Post-CB Cold Storage: Navigating the evolving landscape of ‘Retail Premises’ in Victoria
In recent years, there has been a notable trend in Victoria towards a broader interpretation of what constitutes ‘retail premises’ under section 4 of the Retail Leases Act 2003 (Vic) (Act). This shift has significant implications for both landlords and tenants, as it affects the applicability of the Act’s protections such as: prohibition on the […]
ReadmoreCaps are back: The Supreme Court confirms caps on a rent review are permitted in Victorian retail leases
The Supreme Court of Victoria has recently handed down a decision which confirms that a cap on a rent review is not prohibited under section 35 of the Retail Leases Act 2003 (Vic) (RLA). The decision overturns an order of the Victorian Civil and Administrative Tribunal (VCAT) which held that a cap on a rent […]
ReadmoreIs your rent review void? VCAT finds a cap on CPI review void under Section 35(2) of the RLA
A recent decision of the Victorian Civil and Administrative Tribunal (VCAT), has found that a cap on a CPI review falls foul of section 35(2) of the Retail Leases Act 2003 (Vic) (RLA) resulting in the rent being determined by market review in accordance with section 35(7) of the RLA. In this case, Q St […]
ReadmoreIs it really chicken! VCAT says no, confirming Landlords are entitled to withhold consent to an assignment of lease
A recent VCAT decision, Southern Restaurants Pty Ltd v United Petroleum Pty Ltd [2022] VCAT 666, has confirmed that an objective test applies under Section 60(1)(a) of the Retail Leases Act 2003 (Vic) when landlords are looking to refuse consent to an assignment of a lease on the basis that an assignee proposes to use […]
ReadmoreUpdate on Retail Leases Amendment Regulations 2022 – Important reminder of a Landlord’s disclosure obligations
On 27 September 2022 the Retail Leases Amendment Regulations 2022 (Vic) (Amendment) was passed by the Victorian Parliament and comes into effect on 1 December 2022. The Amendment makes changes to the Retail Leases Regulations 2013 (Vic) (Regulations), which brings the prescribed form Landlord disclosure statements contained within the Regulations into line with the 2020 […]
ReadmoreCOVID-19 | Victorian Commercial Tenancy Relief 3.0 – Victoria introduces extended rent relief for small business
In response to the ongoing impact of COVID-19, the Victorian Government has now released the Commercial Tenancy Relief Scheme Regulations 2022 (Vic) (2022 Regulations) which extends the entitlement to rent relief and related protections for certain small businesses. What has changed? Our previous publication on the Commercial Tenancy Relief Scheme Regulations 2021 (2021 Regulations) can be found […]
ReadmoreCOVID-19 | Regulation extended, but reduced rent relief regime, for impacted lessees in NSW
In response to the continued impact of restrictions on businesses in New South Wales, the New South Wales Government has introduced the Retail and Other Commercial Leases (COVID-19) Regulation 2022 (NSW) (Updated Regulations), commencing 13 January 2022. What has changed? The Updated Regulation extends the protections, but reduces the entitlement to rent relief, granted to impacted […]
ReadmoreCOVID-19 | Victorian Commercial Tenancy Relief 2.0 – Here we go again!
On 24 August 2021 the Victorian Government released the Commercial Tenancy Relief Scheme Regulations 2021 (2021 Regulations). Unlike its 2020 predecessor, the 2021 Regulations are complex and include a number of key differences. The brief summary below does not lend itself well to the complexity that will be faced by landlords and tenants alike over the […]
ReadmoreCOVID-19 | Regulations reinstate rent relief regime for impacted lessees in NSW
In response to the impact of lockdowns on businesses in New South Wales, the New South Wales government has introduced the Retail and Other Commercial Leases (COVID-19) Amendment Regulation 2021 (NSW) (Updated Regulation). What has changed? The Updated Regulation extends the protections granted to impacted lessees under the Retail and Other Commercial Leases (COVID-19) Regulation […]
ReadmoreCOVID-19 | Land tax relief for landlords in NSW
The NSW Government has introduced further land tax relief measures for the 2021 Land Tax Year to landlords who provide rent relief waivers to tenants experiencing financial distress due to the COVID-19 pandemic. Eligibility For a landlord to be eligible for relief for the 2021 Land Tax Year the following criteria apply and must be […]
ReadmoreFurther Regulations see the Commercial Tenancy Relief Scheme extended to 28 March 2021
Just in time for Christmas, the Victorian Government has extended the relevant period under the Commercial Tenancy Relief Scheme from 31 December 2021 until 28 March 2021, the date on which the enabling legislation is also scheduled to expire. The extension occurs via the COVID-19 Omnibus (Emergency Measures) (Commercial Leases and Licences) Amendment Regulations 2020 […]
ReadmoreCOVID-19 | Update: NSW extends rent relief scheme for impacted lessees
In light of the ongoing COVID-19 pandemic, the NSW government has extended the expiry date of the ‘prescribed period’ under retail and commercial tenancy laws to 31 December 2020. The Retail and Other Commercial Leases (COVID-19) Regulation (No 2) 2020 (Updated Regulations) have been introduced in NSW, with the effect of repealing and remaking the […]
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