Recent case law in Victoria has widened the scope of the Retail Leases Act and now it would appear that most tenants, who provide any sort of service to an ultimate end-user, engage in the ‘retail provision of services’, would require a retail lease.
The basic understanding is that retailing requires a product or service to be provided ‘to an ultimate consumer for a fee or reward’.
If the premises is a ‘retail premises’, the Act applies and you will need a retail lease.
If the premises isn’t a ‘retail premises’, then the Act doesn’t apply and this Commercial Lease will be suitable.
Still not sure or need some guidance – give us a call on (02) 6672 5904.