Yes, that is all good. But really the key question is would such a tenancy agreement be actually recognised as being a lease? Hopefully not as the act with the 2000 amendment merely serves as an enrichment device to lawyers and accountants. Worse still is this act must be very close to breaching the trade practices act in relation to restriction of trade, as in basic form the act forbids any form of lease that is not blessed by lawyers and accountants regardless of the size or number of shops at a location. Thus the legal costs involved is near identical to a stand alone shop owner and tenant as those at a mega shopping complex. Another example of CRAZY law and why Australia is going economically in reverse. Whoever stated the law is an ass severely understated the situation.
QLD Retail Tenancy Agreement - Can I Sublet?
- Thread starter JimQ
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Yes, that is all good. But really the key question is would such a tenancy agreement be actually recognised as being a lease? Hopefully not as the act with the 2000 amendment merely serves as an enrichment device to lawyers and accountants. Worse still is this act must be very close to breaching the trade practices act in relation to restriction of trade, as in basic form the act forbids any form of lease that is not blessed by lawyers and accountants regardless of the size or number of shops at a location. Thus the legal costs involved is near identical to a stand alone shop owner and tenant as those at a mega shopping complex. Another example of CRAZY law and why Australia is going economically in reverse. Whoever stated the law is an ass severely understated the situation.
1. Are you asking for the difference between a lease and a tenancy agreement? A lease is a type of tenancy agreement that gives the lessee a proprietary interest in the property. It is registered and is enforceable against third parties. Leases must satisfy certain formalities. A tenancy agreement can be written or oral and does not satisfy the formalities/or not registered and so it lacks the vesting of proprietary interest in the tenant. This means a tenancy agreement that is not a lease is a contract that is only enforceable against the lessor, and not third parties.
2. You can choose whether to accept a tenancy agreement that is not a lease. The risk is that you cannot enforce it against third parties. Therefore, if you take the agreement under a sub-let, you have no agreement with the original landlord only the tenant that leased to you (tenant A). This means, the landlord may evict you or if the landlord decides to sell to a third party, that third party may choose not to recognise your right to use and occupy the premises. You, of course, may seek recourse from tenant A under contract law.
3. If you're asking whether you can sub-let, then this would be an issue between yourself and your landlord, with reference to your tenancy agreement or lease. It is best to get the consent of the landlord for any sub-lets.
4. The Retail Shops Leases Act ("RSLA") is not contrary to the trade practices act. The reason for legal involvement is because retail shop leases can be quite complicated. Indeed, the registration of a lease requires certain formalities to be complied with. Amendments often arise from real life disputes, in this case, to do with accounting, mismanagement and other issues. In fact, it is much easier to rent and deal with property in Australia than in Hong Kong.
2. You can choose whether to accept a tenancy agreement that is not a lease. The risk is that you cannot enforce it against third parties. Therefore, if you take the agreement under a sub-let, you have no agreement with the original landlord only the tenant that leased to you (tenant A). This means, the landlord may evict you or if the landlord decides to sell to a third party, that third party may choose not to recognise your right to use and occupy the premises. You, of course, may seek recourse from tenant A under contract law.
3. If you're asking whether you can sub-let, then this would be an issue between yourself and your landlord, with reference to your tenancy agreement or lease. It is best to get the consent of the landlord for any sub-lets.
4. The Retail Shops Leases Act ("RSLA") is not contrary to the trade practices act. The reason for legal involvement is because retail shop leases can be quite complicated. Indeed, the registration of a lease requires certain formalities to be complied with. Amendments often arise from real life disputes, in this case, to do with accounting, mismanagement and other issues. In fact, it is much easier to rent and deal with property in Australia than in Hong Kong.
Well maybe. But according to the act it now forbids any such verbal agreements and any written agreements. That is actually written in the act itself. It objective states Mandatory minimum standards (Part 2 Sect 4) which means no more verbal or non lease style agreements. Thus as pointed out if an owner wishes to rent out a premise he is restricted as to how.
As no one has actually tested the act being trade practises compliant it seems somewhat premature to proclaim it is not contrary to the Commonwealth act. Given most Commonwealth Law trumps State law I would not be rushing out to place to large of wager on the this being the outcome.
Additionally, just because something is easier to do in one country than another does not mean either place is doing a great job. That is know colloquially as the 'better than syndrome'. Bill put a bandage on his knee when his foot was bleeding, which was obviously 'better than' putting the bandage on his elbow as the bandage on his knee was closer to the bleeding and reduced a tiny amount of blood flow to his foot.
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