NSW Retail Tenancy Guide 2020
Small business owners and operators should read this guide, together with a copy of the proposed lease, before starting lease negotiations. The guide can also be used as a reference at any point during the term of a lease.
The NSW Retail Tenancy Guide 2020 provides information about retail leases entered into after 1 July 2017 in accordance with the Retail Leases Act 1994 (NSW) (the Act).
The guide is designed to help both lessors and lessees successfully negotiate and manage positive outcomes in relation to retail leases, and provides information about starting a lease, leasing costs, lease management and lease expiry.
Different laws cover retail, commercial and residential leases and it is up to lessors and lessees to understand their rights and obligations regarding these laws. The guide does not replace professional advice or try to explain every aspect of the law.
The Commission strongly advises getting independent professional advice before signing a lease and would encourage you to visit our website smallbusiness.nsw.gov.au or calling our office on 1300 795 534 for further information.
In the event of any disputes during the lease, the Commission also have a cost-effective mediation service.
Acknowledgement of Country
NSW Treasury acknowledges that Aboriginal and Torres Strait Islander peoples are the First Peoples and Traditional Custodians of Australia, and thank them for their custodianship of Country - land, seas and skies. We acknowledge the diversity of First Nations cultures, histories and peoples, recognise their enduring connection to our State, and we pay our deepest respects to Elders past, present and emerging.
This document has been developed in consultation with a range of industry bodies including:
- Australian Institute of Quantity Surveyors
- Australian Retailers Association
- Business NSW
- National Retail Association
- Newsagents Association of NSW and ACT Ltd
- Restaurant and Catering Australia
- Shopping Centre Council of Australia
- The Law Society of NSW
The information contained in this publication is based on knowledge and understanding at the time of writing (November 2020) and may not be accurate, current or complete. The State of New South Wales (including the NSW Small Business Commission), the author and the publisher take no responsibility, and will accept no liability, for the accuracy, currency, reliability or correctness of any information included in the document (including material provided by third parties). Readers should make their own inquiries and rely on their own advice when making decisions related to material contained in this publication.