Hi,

Changes to the Retail Shop Leases Act 1994 commence today. Agents should be aware of these changes and how they may impact the way retail shop leases are handled.

Although a number of other changes have been implemented, changes to the following sections will have the greatest impact on retail shop leases:

• The meaning of a 'Retail Shop Lease' and what constitutes a 'Retail Shop' or 'Retail Business'
• Disclosure and Provision of Documents requirements
• Provisions relating to Outgoings
• Promotion and Advertising
• Lessor and Lessee compensation
• Refurbishment, redecorating and refitting

Prescribed forms are also likely to change, although the full extent of such changes were not known prior to the drafting of this newsflash.

Due to some of the changes mentioned above, ADL has made changes to our retail shop leases as follows:

• In respect of Disclosure and Provision of Documents:
  • obligations are summarised at the start of the Item Schedule; and
  • a new form (Notice of Waiver) has been added
• A new clause 'Promotion Fund' has been added to cover the new requirement for a lessor to provide a marketing plan if a contribution is required from the lessee
• In respect of changes to Compensation provisions:
  • A new sub-clause (19.3) has been added; and
  • A new form (Notice of Anticipated Disturbance) has been added
• There is (or will be) a web link within ADLForms to any new or changed prescribed forms.

We have also updated all leases to now include a new 'Related Documents/Notices' clause which better accommodates the provisions of the Electronic Transactions Act (QLD) 2001 in respect of electronic provision of documents and electronic signing.

Forms affected are:

• AUQLDRECM019 Retail Shop Lease (3 Years or Less)
• AUQLDRECM024 Retail Shop Lease (5 Year Lease)
• AUQLDRECM042 Letter of Offer to Lease (Retail Shop Only)
• AUQLDRECM051 Notice of Waiver (Retail Shop Only) (New)
• AUQLDRECM052 Notice of Anticipated Disturbance (Retail Shop Only) (New)

For more information about the legislative changes click on the link to the Qld Gov't web page below.

Key Changes to Retail Shop Leases

For further information or advice it is recommended that you seek appropriate professional legal advice.

2. Updating ADLForms

ADLForms should have automatically updated to allow access to the new forms and the latest version of the software when you first opened ADLForms today. If this has not occurred then:

1. Click the 'Update' button from the main menu of the program. Please allow a few minutes for the forms and/or program to download and install.
2. If this fails to update your forms then:
   • Select Tools -> 'Re-initialise ADLForms’ from within the Main Menu of the ADLForms program. This will close the program.
   • Restart ADLForms and click the 'Update' button.
3. If you still do not have the updated forms click here to download and re-install ADLForms.
4. If all the above do not result in a successful forms and program update please contact our tech support team for assistance.

• View Details of ADLInspect
  the Ultimate Handheld Property Inspection Software
• Install or Update ADLForms
• View and Print a Full List of Forms
• View and Print Testimonials