LEGISLATIVE REGULATION OF LEASES OF BUSINESS PREMISES: With particular reference to the Queensland Retail Shop Leases Act 1984

Abstract

Problems associated with leases of retail shops, particularly those in large shopping centres, have been around in a number of jurisdictions for several years. In fact, they have followed by a few years the development in importance of large shopping centres in each jurisdiction where that phenomenon has occurred, except those jurisdictions, such as England and Wales, where comprehensive legislation relating specifically to business leases predated such developments. The problems appear to be the imposition of onerous and unreasonable terms upon tenants in leases of retail shops, particularly those in large retail shopping centres. These terms include those reserving a rent based on turnover, coupled with wide requirements for disclosure by the tenant of intimate details of his business, and arbitrary behaviour by landlords with regard to the renewal of leases.The Retail Shop Leases Act 1984 (Qld) is particularly interesting in that it represents the first legislative attempt to resolve these problems in an Australian jurisdiction. However, the legislation is not the first attempt by the Queensland Government to tackle this problem as it has been sufficiently concerned with the problem as to have been directly involved in attempts at resolution for the last few years.