Retail tenancies legislation the states and the

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Unformatted text preview: ther party to a tenancy agreement—the landlord or the tenant—may make application to the Residential Tenancies Tribunal where it is claimed that a dispute has arisen or a breach has occurred under the tenancy agreement or under the provisions of the Act. The tribunal was established as a low-cost and quick way to settle day-to-day tenancy disputes. In New South Wales it is called the Consumer, Trader and Tenancy Tribunal. The tribunal hearing is an informal one and is heard and determined by one member of the tribunal. Evidence before the tribunal may be given on oath or by affirmation or declaration. The parties are generally expected to present their own case, but a party may be represented by a duly qualified legal practitioner in some instances. Retail tenancies legislation The states and the Northern Territory have introduced retail tenancies legislation and regulations to protect tenants in small commercial premises (see Table 33.6). Retail premises are primarily those premises that are used wholly or predominantly for the carrying on of a business involving the hire or sale of goods or services. A retail shopping centre means a cluster of premises of which five or more are retail premises and all of which have, or if leased would have, a common head lessor. It does not include a building with more than one storey unless each storey contains five or more retail premises. TABLE Retail premises legislation 33.6 STATE STATUTE Australian Capital Territory Leases (Co...
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This document was uploaded on 04/23/2012.

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