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Commercial Tenancy

SAT hears a range of applications under the Commercial Tenancy (Retail Shops) Agreements Act 1985. Some of these matters can come straight to SAT, while others require a certificate from the Commissioner of the Small Business Development Corporation.

This page has a list of the applications which can come directly to SAT, and all other applications require a certificate from the Small Business Development Corporation. You can contact the Small Business Development Corporation (SBDC) for more information on obtaining the certificate which must accompany your application. SAT will not accept an application where a certificate is required, but not attached.

As reflected in the table below an application under s. 16(1) of the Act can only be made without a certificate if it is accompanied by an application for an urgent interim order which demonstrates a need for urgent relief. If an application is lodged with an interim application for urgent relief, and it is determined that there is no URGENT ISSUE requiring relief, then the application and interim application will be dismissed and the application fee forfeited. A s.16D(6) interim/urgent application can only be lodged with a s.16D(1) application.

If you are unsure whether a Certificate from the SBDC is required, please contact SAT before lodging an application.

Applications that may be brought directly to SAT under the Commercial Tenancy (Retail Shops) Agreements Act 1985.

Section, Subsection or Regulation

Nature of Application

s.11(3C)(b): Order requesting information.

The tenant may apply in writing to SAT for an order that the landlord comply with a request made under s11(3B) to supply the information requested.

s 12(1)(b): Contribution to landlord's expenses.

If provision is made in a retail shop lease for payment by the tenant, in addition to rent, of all or any of the operating expenses of the landlord subject to s12(1e), the proportion of those operating expenses payable by the tenant shall not be greater than the relevant proportion without the approval of SAT.

s.12(1e) –(s.12(1)(b)): Contribution to landlord's expenses, exceeding that calculated under 12(1e)(b).

The landlord may apply to SAT for approval for contribution towards the operating expenses of a landlord payable by the tenant under a retail shop lease to exceed the amount calculated under section 12(1e)(b).

s.12A(3)(e)(ii): Scheme of repayment (s.12A(4)).

 

SAT is to examine a scheme of repayment submitted to it under s 12A(3)(e)(ii) and may approve the scheme or require such amendments to be made to the scheme as SAT thinks fit and the landlord is to repay to each former tenant the amount set forth in the scheme of repayment or amended scheme of repayment, as the case requires.

s.12B(3)(e)(ii): Scheme of repayment (s 12B(4)).

SAT is to examine a scheme of repayment submitted to it under s 12B(3)(e)(ii) and may approve the scheme or require such amendments to be made to the scheme as SAT thinks fit and the landlord is to repay to each former tenant the amount set forth in the scheme of repayment or amended scheme of repayment, as the case requires.

s 13(3)(a): Right to at least 5 years' tenancy.

The option that a lease is, by reason of s 13(1), taken to give a tenant is exercisable, by notice in writing in the prescribed form given to the landlord, not less than 30 days before the expiry of the current term, or the option term, as the case may require or during such other period before the expiry of the current term, or the option term, as the case may require, as SAT, having regard to the term of the lease or such other circumstances as it considers relevant, approves in a particular case.

s 13(7): Inclusion of provision in a retail shop lease.

SAT may, upon application made to it by the landlord, notice of which has been given to the tenant, approve of the inclusion in a retail shop lease of a provision under which the landlord may determine the lease (other than under s13(6)(a), (b) or (da)) before the day set out in s13(6)(aa) or (ab), as is relevant, if it is satisfied that special circumstances exist by reason of which such approval ought to be given.

s 13(7b): Option of renewal does not arise.

SAT may, on application in writing by a tenant or prospective tenant, order that an option of renewal does not arise under s 13(1), if it is satisfied that - (a) the application was made by the tenant or prospective tenant of his own free will; and (b) the circumstances of the case warrant the granting of the application.

s.13A(3):Reasons for inconsistency under s.13A(1)(a).

An application to determine that there are bona fide commercial reasons for an inconsistency referred to in section 13A(1)(a) of the Act.

s.14A(3): Inclusion of provision in a retail shop lease.

An application for the approval of the inclusion in a retail shop lease of a provision about the relocation of a tenant’s business to be in a form other than a form prescribed for the purposes of section 14A of the Act.

s.15F(6): Interim order application relating to s.15F(1).

An application for an interim order pending final determination of an unconscionable conduct application under section 15F(1) of the Act.

s.16D(6): Interim order application.

An application for an interim order pending final determination of a misleading or deceptive conduct application under section 16D(1) of the Act. Must be lodged with a x.16D(6) application. The interim application is available on the SAT website under "Forms".

s 16(1): Referral of  questions for urgent relief.

A certificate from the Small Business Commissioner issued under s 25 C Commercial Tenancy (Retail Shops) Agreements Act 1985 is required with this application. An application under s16(1) without such a certificate will only be accepted if lodged together with an interim application seeking urgent relief pending final resolution of this application. If urgent interim relief cannot be justified this application may be dismissed. Careful consideration should be given to whether any urgent interim orders are needed from the Tribunal, and if not, you should seek the assistance of the Small Business Development Corporation prior to lodging this application. Subject to s 11(5), a party to a retail shop lease may refer to SAT any question between the parties which he believes to be a question arising under the lease and SAT shall - (a) determine whether or not the question referred to it is a question arising under the lease; and (b) if it is such a question, hear and determine it.

s.27(3)(b):Request to transfer a matter to a court.

An application for a matter before the Tribunal to be transferred to a court.

 

Last updated: 19-Nov-2014

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