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Some of these forms are in pdf format and require Adobe Acrobat.
To download Acrobat Reader free of charge click here.
Retail Leases Amendment Act 2005 (NSW)
Summary of changes and how they will affect your business.
NSW Retail Bond Scheme
You must obtain an original form (with a unique bar code) to lodge each cash security bond.
These forms can be obtained by sending an email to rtu@business.nsw.gov.au,
including your postal address and the number of forms required, or by calling
1300 79 55 34. They are also available in limited quantities at offices of the Department of Fair Trading.
Please read these important instructions before filling out the bond lodgement form.
Form to claim for the refund of cash security bonds.
Change of owner or managing agent.
NSW Retail Tenant's Guide
The Retail Tenant’s Guide must be given to the tenant, with a copy of the proposed lease,
at the commencement of negotiations.
Other Translated Versions
Disclosure statements
Lessor's
Disclosure Statement and
Appendix.
The Disclosure Statement is
a brief summary of the lease and the Appendix is additional information for the
tenant. The statement provides information to the tenant about the property and
outgoings they agree to pay. For shops in shopping centres it gives details of
the centre. Both of these documents must be given to the tenant at least
seven days before the lease begins.
A version of these documents in Microsoft Word
format is available here.
Lessee's
Disclosure Statement is a statement from the tenant
back to the landlord and is the place to note any
statements made by the landlord or agent the tenant
counts on when entering the lease. This statement
is to be given to the landlord within seven days of
receiving the landlord's disclosure statement.
Assignor's
Disclosure Statement is a statement
given by a tenant selling his business to another prospective tenant. This
statement gives important information about the business to the buyer and to the
landlord. By giving this statement to both the buyer and the landlord at least
seven days before the assignment takes place, the original tenant can be
released from ongoing financial obligations of the lease.
A version of this document in
Microsoft Word
format is available here.
Inspection of Premises Report
The Inspection of Premises Report is provided by the Retail Tenancy Unit
for the convenience of the landlord and tenant. It is not required or prescribed
by the Retail Leases Act 1994 (NSW). You are free to change, add or remove categories
to make this form suitable for the shop being leased.
Section 16 certificate
A Section 16 certificate is provided by the Retail Tenancy Unit for your convenience
and can be changed by your solicitor as required. This form is to be provided to the
landlord by the tenant when agreeing to a shorter lease term. It must be signed by a
tenant’s lawyer or licensed conveyancer, and given to the landlord before, or within
the first six months of the lease.
Application for appointment of a quantity surveyor
This information sheet tells you how to have a quantity surveyor appointed to determine the amount of compensation payable if a landlord
requires the relocation of a shop.
Mediation Forms
New Retail Tenancy Unit mediation fees
A Consumer Price Index increase of four per cent will apply to all new
applications received on or after 1 October 2007.
Application fee $180.00 (inc GST)
Mediation fee $145.00 (inc GST) per hour, per party
Please note that mediation takes an average of 3 to 5 hours
Cancellation fee $435.00 (inc GST)
To lodge a dispute with the Registrar of Retail Tenancy Disputes,
parties to a retail lease dispute are required to complete a form.
Please choose the appropriate form below:
Application for Mediation of a Retail Lease Dispute
is to be used for any dispute about the lease (except for bond disputes). This form
requires the details of both parties and details of the complaint.
It must be submitted with all relevant documentation.
Application for Mediation of a Retail Bond Dispute
is for use when the dispute is about the return of a bond. It requires
the details of both parties and the details
of the complaint. The form must be submitted
with all relevant documentation.
The
Mediation Agreement sets out the conditions to which both parties must
adhere before embarking on the mediation process. The document explains
the role of legal advisors and the dispute parties, and contains a confidentiality
agreement that must be signed prior to mediation.
The
Mediator’s Report is completed after
each session by the mediator assigned to the dispute.
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