An exception to the goodwill rule is retail premises

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Unformatted text preview: mmercial and Retail) Act 2001 New South Wales Retail Leases Act 1994 Northern Territory Business Tenancies (Fair Dealings) Act 2004 Queensland Retail Shop Leases Act 1994 South Australia Retail and Commercial Leases Act 1995 Tasmania Australian Consumer Law (Tasmania) Act 2010, Pt 6 Victoria Retail Leases Act 2003 Western Australia Commercial Tenancy (Retail Shops) Agreements Act 1985 BUSINESS ORGANISATIONS AND THE LAW PART 6 880 Typical provisions of retail tenancies legislation Retail tenancy legislation is aimed at protecting small commercial tenants, and generally provides that: • the tenant must be given a copy of the retail premises lease or the lease can be terminated; • a landlord can no longer demand key money or goodwill (an exception to the goodwill rule is retail premises in retail shopping centres); • assignment and sub-letting require the consent of the landlord and must be in writing (if the landlord fails to respond, consent to the assignment or sublease is deemed to be given); • the landlord will have to compensate the tenant if there is a failure to rectify a breakdown of plant or equipment or a failure to comply with any requirement of any authority;...
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