Western Australia Minister for Commerce Bill Marmion
Retail Shop’s Lease Register To Help Improve Tenant’s Decision Making
Victor P Taffa
Commerce Minister Bill Marmion today released a Position Paper to canvas views on establishing a Register of Retail Shop Leases.
A flow on from the Retail Trading Hours Debate, the option of including a Lease Register under the Commercial Tenancy (Retail Shops) Agreements Act 1985 has been identified as a way to better protect shopping centre tenants many of whom are small businesses.
“In recent reviews of retail tenancy legislation in Western Australia and nationally, concerns have been raised by tenants about the lack of access to meaningful information about leases.” Mr. Marmion said.
“Some landlords, agents and tenants are reluctant to provide information on the terms of their leases making it difficult for other tenants to make comparisons about what is on offer in the Marketplace.”
The State Government has taken account of the benefits and disadvantages of establishing a shopping centre lease register with limited access to tenants and prospective tenants as opposed to a public lease register.
“The costs associated with establishing and maintaining a public lease register and issues around public access to commercially sensitive confidential information were paramount in the Government’s thinking.” the Minister said.
“The Shopping Centre Register option would be more cost-effective, as Centre Management is already likely to retain such information, as part of their records.”
“Depending on responses to the proposal, it could also form part of a range of amendments the Government is developing to retail shop tenancy laws aimed at promoting a more efficient and better informed retail tenancy market.” Mr. Marmion said.