Queensland Consolidated Regulations

RETAIL SHOP LEASES REGULATION 2016 - REG 2

2 Prescribed particulars for lessor’s disclosure statement

The prescribed particulars for a disclosure statement given by a lessor of a retail shop under section 21B or 22C (1) of the Act are the following—

(a) the names of the lessor and lessee;

(b) the address of the retail shop;

(c) the plan of premises (if any);

(d) the term of the lease;

(e) the date the lessee is entitled to occupy the retail shop, if different to the date or estimated date the lease starts;

(f) if the lease is a sublease, details of the head lease;

(g) details of any option to renew the lease, including—

(i) the date by which the lessee must exercise the option; and

(ii) the option period;

(h) the following details about the rent—

(i) the starting annual base rent;

(ii) the method of payment;

(iii) the date from which rent is payable under the lease;

(iv) any rent free period;

(v) for any rent adjustment, the method for calculation and when it is calculated;

(i) if turnover rent is payable, the method for calculating the turnover rent;

(j) if turnover rent is not payable, whether or not the lessee is required to give information to the lessor about turnover of the lessee’s business;

(k) details of any payments to be made by the lessee under the lease for the lessor’s outgoings during the first year of the lease or, if the term of the lease is less than 1 year, that period, including details of—

(i) the date the payments start; and

(ii) how the lessee’s payments are calculated; and

(iii) any period when the lessee is not required to make a payment;

(l) details of the lessee’s liability to pay costs arising under the lease, including—

(i) promotion amounts; and

(ii) amounts under section 48 (2) of the Act ;

(m) the core trading hours for the retail shop;

(n) the lessee’s entitlement, if any, to access the retail shop outside core trading hours, including any cost payable by the lessee;

(o) identification of any provision in the lease about—

(i) demolishing the retail shop, leased building or the retail shopping centre in which the retail shop is or is to be located; or

(ii) relocating the lessee’s business to different premises;

(p) the lessee’s permitted use of the retail shop and whether or not the use is exclusive to the lessee;

(q) if the retail shop is, or is to be, located in a retail shopping centre, each of the following details—

(i) the name and address of the centre;

(ii) the number of retail shops in the centre when the disclosure statement is given;

(iii) the centre’s lettable area or estimated lettable area;

(iv) details of the annual estimated turnover of the centre (if collected);

(v) details, including tenancy expiry details, of any anchor tenants in the centre;

(vi) a floor plan of the centre that includes the location of the anchor tenants for the centre (if any);

(vii) information about customer numbers (if any) for the centre;

(viii) details of any industry codes of conduct adhered to by the lessor;

(ix) whether or not the lessor gives any assurance to the lessee about the nature of other businesses operating in the centre;

(r) the retail shop’s area or estimated area;

(s) whether or not a survey of the retail shop’s area will be undertaken;

(t) details of any available parking bays, including the number of bays reserved for the lessee’s use;

(u) details of any services or facilities to be provided by the lessor for the benefit of the retail shop;

(v) details of any structures, fixtures, plant or equipment to be provided by the lessor;

(w) details of any works to be carried out by the lessor before the lease starts;

(x) an estimate of any contribution to be made by the lessee to the cost of the lessor’s works;

(y) details of any fit-out works to be carried out by the lessee;

(z) any contribution to be made by the lessor to the cost of the lessee’s fit-out;

(za) any requirements the lessee must comply with relating to the quality or standard of the shopfront or fit-out;

(zb) any alteration works the lessor knows are to be carried out by or for the lessor to any of the following—

(i) the retail shop;

(ii) the leased building;

(iii) the retail shopping centre in which the retail shop is or is to be located;

(iv) the roads surrounding the retail shop, leased building or the retail shopping centre;

(zc) details of any current legal proceeding in relation to the lawful use of the retail shop, leased building or the retail shopping centre in which the retail shop is or is to be located;

(zd) details of any other statements or representations made by or for the lessor in connection with the lease during the negotiations for the lease.