People signing a lease

New 'Before you lease' fact sheets to assist retail lessors and lessees

What should you consider before entering a retail lease?

26 July, 2024

The NSW Small Business Commission has prepared new ‘Before You Lease’ fact sheets aimed at helping lessors and lessees navigate the complexities of retail leasing. The fact sheets were prepared following stakeholder feedback to the Commission’s review of the Retail Leases Act 1994. 

These fact sheets are aimed at enhancing transparency and support, ensuring both parties are fully informed before entering into retail lease agreements. The Commission encourages those involved in retail leasing to provide lessors and prospective lessees with a copy of the fact sheets before entering a retail lease.

To assist with the leasing process, the fact sheets outline key milestones, including preparing draft leases, providing disclosure statements, and registering leases for terms longer than three years. These steps ensure both parties are adequately prepared and protected under the lease agreement.

The fact sheets encourage lessors and lessees to review the NSW Retail Tenancy Guide before entering a lease, and obtain professional advice if they are unsure about their rights and obligations. The Retail Tenancy Guide offers further detailed information on retail leasing, helping lessors and lessees negotiate and manage their lease agreements effectively.

The fact sheets provide a more streamlined way for those involved in retail leasing to support parties through the process and encourages lessees and lessors to review the Retail Tenancy Guide in their own time to avoid feeling overwhelmed by the process.

For more information about retail leasing and the services of the Commission, visit the NSW Small Business Commission's website or contact the Commission for assistance.