Notice of Termination of Retail Lease - AUNSWRECM023

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BLACK = Old Item/Clause  | RED = New Item/Clause | BLUE = Comments About Change (Not Part of Form) | STRIKEOUT = Wording Deleted

 

17 Jan 2022 v2.2

Additions / Changes:


Item 4

IMPORTANT (COVID-19 Impacted Lease - Continuing Protection):

Notwithstanding the repeal of the Retail and Other Commercial Leases (COVID-19) Regulation 2021, the protections conferred by that Regulation will, pursuant to Regulation 3 of the Retail and Other Commercial Leases (COVID-19) Regulation (No 2) 2021, continue to apply “to anything occurring in relation to a lease while the lease was an impacted lease within the meaning of the Regulation".
Regulation: means the Retail and Other Commercial Leases (COVID-19) Regulation 2022 (and any amendments thereto).

Impacted Lease: has the same meaning as impacted lease in the Regulation.

Prescribed Period and Prescribed Action: have the meaning given in the Regulation.

Important Warning: before issuing a notice of termination or taking any other Prescribed Action, the Lessor/Agent should first review the Regulation to determine whether they are issuing the notice or taking any other Prescribed Action for anything which occurred during the Prescribed Period while the Lessee was under an Impacted Lease.

 

14 Jan 2022 v2.1

Additions / Changes:


Item 4

IMPORTANT (COVID-19 Impacted Lease - Continuing Protection):

Notwithstanding the repeal of the Retail and Other Commercial Leases (COVID-19) Regulation 2021, the protections conferred by that Regulation will, pursuant to Regulation 3 of the Retail and Other Commercial Leases (COVID-19) Regulation (No 2) 2021, continue to apply “to anything occurring in relation to a lease while the lease was an impacted lease within the meaning of the Regulation".
Regulation: means the Retail and Other Commercial Leases (COVID-19) Regulation 2021 (and any amendments thereto).

Impacted Lease: has the same meaning as impacted lease in the Regulation.

Prescribed Period and Prescribed Action: have the meaning given in the Regulation.

Important Warning: before issuing a notice of termination or taking any other Prescribed Action, the Lessor/Agent should first review the Regulation to determine whether they are issuing the notice or taking any other Prescribed Action for anything which occurred during the Prescribed Period while the Lessee was under an Impacted Lease.

Continuing Protection: in addition to the above, despite the repeal of the Retail and Other Commercial Leases (COVID-19) Regulation (No 3) 2020 (Repealed Regulation), Section 88 of the Retail Leases Act 1994 provides that the protections conferred by the Repealed Regulation also continue to apply to impacted leases (as defined in the Repealed Regulation) in relation to anything which occurred while the lease was an impacted lease.

 

18 Aug 2021 v2.0

Additions / Changes:


Item 4

IMPORTANT (COVID-19 Impacted Lease):
Regulation: means the Retail and Other Commercial Leases (COVID-19) Regulation 2021 (and any amendments thereto).

Impacted Lease: has the same meaning as impacted lease in the Regulation.

Prescribed Period and Prescribed Action: have the meaning given in the Regulation.

Important Warning: before issuing a notice of termination or taking any other Prescribed Action, the Lessor/Agent should first review the Regulation to determine whether they are issuing the notice or taking any other Prescribed Action for anything which occurred during the Prescribed Period while the Lessee was under an Impacted Lease.

Continuing Protection: in addition to the above, despite the repeal of the Retail and Other Commercial Leases (COVID-19) Regulation (No 3) 2020 (Repealed Regulation), Section 88 of the Retail Leases Act 1994 provides that the protections conferred by the Repealed Regulation also continue to apply to impacted leases (as defined in the Repealed Regulation) in relation to anything which occurred while the lease was an impacted lease.

 

16 Jul 2021 v1.9

Additions / Changes:


Item 4

__

Whereas you as Lessee are in breach of covenant with respect to the Retail Shop Lease in that you have failed:


__

To comply with a notice served on you under Section 129 of the Conveyancing Act 1919    


__

To make payment of rent in accordance with the Rent provisions of the Retail Shop Lease


IMPORTANT (COVID-19 Impacted Lease):
Regulation: means the Retail and Other Commercial Leases (COVID-19) Regulation (No 3) 20210.

Impacted Lease: has the same meaning as impacted lease in the Regulation.

Prescribed Period and Prescribed Action: have the meaning given in the Regulation.

Continuing Protection: despite the repeal of the Regulation, Section 88 of the Retail Leases Act 1994 provides that the Regulation continues to apply to impacted leases in relation to anything which occurred while the lease was an impacted lease.

Important Warning: before issuing a notice of termination or taking any other Prescribed Action, the Lessor/Agent should first review the Regulation to determine whether they are issuing the notice or taking any other Prescribed Action for anything which occurred during the Prescribed Period while the Lessee was under an Impacted Lease.

Continuing Protection: in addition to the above, despite the repeal of the Retail and Other Commercial Leases (COVID-19) Regulation (No 3) 2020 (Repealed Regulation), Section 88 of the Retail Leases Act 1994 provides that the protections conferred by the Repealed Regulation also continue to apply to impacted leases (as defined in the Repealed Regulation) in relation to anything which occurred while the lease was an impacted lease.

OTHER GROUNDS

__

The Premises is permanently unfit for the Lessee to occupy in accordance with Section 36(1)(c) (Damaged Premises) of the Retail Leases Act 1994.

__

Other: (if insufficient room, attach schedule)

 

 

 

 

28 Mar 2021 v1.8

Additions / Changes:


Item 4

__

Whereas you as Lessee are in breach of covenant with respect to the Retail Shop Lease in that you have failed:


__

To comply with a notice served on you under Section 129 of the Conveyancing Act 1919    


__

To make payment of rent in accordance with the Rent provisions of the Retail Shop Lease


IMPORTANT (COVID-19 Impacted Lease):
Regulation: means Retail and Other Commercial Leases (COVID-19) Regulation (No 3) 2020.

Impacted Lease: has the same meaning as impacted lease in the Regulation.

Continuing Protection: despite the repeal of the Regulation, Section 88 of the Retail Leases Act 1994 provides that the Regulation continues to apply to impacted leases in relation to anything which occurred while the lease was an impacted lease.

Important Warning: before issuing a notice of termination, the Lessor/Agent should first review the Regulation to determine whether they are issuing the notice for anything which occurred while the Lessee was under an Impacted Lease.


IMPORTANT (COVID-19 Impacted Lessee):

Regulation: means Retail and Other Commercial Leases (COVID-19) Regulation (No 3) 2020.

Impacted Lessee: has the same meaning as impacted lessee in the Regulation.

Prescribed Period and Prescribed Action: have the meaning given in the Regulation.

Subject to clauses 7 and 8 of the Regulation, if a Lessee is an Impacted Lessee, a Lessor must not take any Prescribed Action against the Lessee on the grounds of a breach of the retail shop lease during the Prescribed Period consisting of:


(a)

a failure to pay rent, or


(b)

a failure to pay outgoings, or


(c)

the business operating under the lease not being open for business during the hours specified in the lease.


Non-Impacted Lessee: Where the Lessee is not a COVID-19 Impacted Lessee nothing prevents a Lessor taking a prescribed action on grounds not related to the economic impacts of the COVID-19 pandemic and this notice may be served where rent or charges are unpaid.

OTHER GROUNDS

__

The Premises is permanently unfit for the Lessee to occupy in accordance with Section 36(1)(c) (Damaged Premises) of the Retail Leases Act 1994.

__

Other: (if insufficient room, attach schedule)

 

 

 

 

01 Jan 2021 v1.7

Additions / Changes:


Heading

NOTICE OF TERMINATION OF RETAIL LEASE

(under the Retail Shop Leases Act 1994)


Item 4

__ Whereas you as Tenant are in breach of covenant with respect to the Commercial Lease Agreement in that you have failed:

__ To comply with a notice served on you under Section 129 of the Conveyancing Act 1919  

__ To make payment of rent in accordance with the Rent provisions of the Commercial Lease Agreement.

IMPORTANT (COVID-19 Impacted Tenant):

Regulation: means Retail and Other Commercial Leases (COVID-19) Regulation (No 23) 2020.

Impacted Tenant: has the same meaning as impacted lessee in the Regulation.

Prescribed Period and Prescribed Action: have the meaning given in the Regulation.

Subject to clauses 7 and 8 of the Regulation, iIf a Tenant is an Impacted Tenant, a Landlord must not take any Prescribed Action against the Tenant on the grounds of a breach of the commercial lease during the Prescribed Period consisting of:

(a)a failure to pay rent, or
(b)a failure to pay outgoings, or
(c)the business operating under the lease not being open for business during the hours specified in the lease.

Non-Impacted Tenant: Where the Tenant is not a COVID-19 Impacted Tenant nothing prevents a Landlord taking a prescribed action on grounds not related to the economic impacts of the COVID-19 pandemic and this notice may be served where rent or charges are unpaid.

 

OTHER GROUNDS

__ The Premises is permanently unfit for the Lessee to occupy in accordance with Section 36(1)(c) (Damaged Premises) the Damage or Destruction provisions of the Retail Shop Leases Act 1994.

__ Other: (if insufficient room, attach schedule)


Item 5

The aforementioned Retail Shop Lease is hereby terminated forthwith upon service of this Notice, except where this Notice is being served in respect of damaged Premises, in which case the aforementioned Retail Shop Lease is hereby terminated seven days after service of this Notice.

 

Lessor/Agent: …………………………………………                                     Date: …… / …… / ……

 

14 Dec 2020 v1.6

Additions / Changes:


Item 4

__ Whereas you as Lessee are in breach of covenant with respect to the Retail Shop Lease in that you have failed:

__ To comply with a notice served on you under Section 129 of the Conveyancing Act 1919  

__ To make payment of rent in accordance with the Rent provisions of the Retail Shop Lease

IMPORTANT (COVID-19 Impacted Lessee):

Regulation: means Retail and Other Commercial Leases (COVID-19) Regulation (No 2) 2020.

Impacted Lessee: has the same meaning as impacted lessee in the Regulation.

Prescribed Period and Prescribed Action: have the meaning given in the Regulation.

If a Lessee is an Impacted Lessee, a Lessor must not take any Prescribed Action against the Lessee on the grounds of a breach of the retail shop lease during the Prescribed Period consisting of:

(a)a failure to pay rent, or
(b)a failure to pay outgoings, or
(c)the business operating under the lease not being open for business during the hours specified in the lease.

Non-Impacted Lessee: Where the Lessee is not a COVID-19 Impacted Lessee nothing prevents a Lessor taking a prescribed action on grounds not related to the economic impacts of the COVID-19 pandemic and this notice may be served where rent or charges are unpaid.

 

OTHER GROUNDS

__ The Premises is permanently unfit for the Lessee to occupy in accordance with the Damage or Destruction provisions of the Retail Shop Lease.

__ Other: (if insufficient room, attach schedule)

 

07 May 2020 v1.5

Additions / Changes:


Item 1

Name/s of Lessee/s shown on the Retail Shop Lease:

(1) …………………………………………………… (3) …………….………………………………………………

(2) ……………………………………………………  (4) …………………….………………………………………


Item 2

Name: ………………………………………………………………………………………………………………….

Address: ……………………………………………………………………………………………………………….

ABN: …………………… Phone: ……………………..   Fax: ……………………. Mobile: …….……………..

Email: …………………………………………………………………………………………..……………………...


Item 4

__ Whereas you as Lessee are in breach of covenant with respect to the Retail Shop Lease in that you have failed:

__ To comply with a notice served on you under Section 129 of the Conveyancing Act 1919  

__ To make payment of rent in accordance with the Rent provisions of the Retail Shop Lease

__ Other: ………………………………....………………………………………………………………………..

IMPORTANT (COVID-19 Impacted Lessee):

Regulation: means Retail and Other Commercial Leases (COVID-19) Regulation 2020.

Impacted Lessee: has the same meaning as impacted lessee in the Regulation.

Prescribed Period and Prescribed Action: have the meaning given in the Regulation.

If a Lessee is an Impacted Lessee, a Lessor must not take any Prescribed Action against the Lessee on the grounds of a breach of the retail shop lease during the Prescribed Period consisting of:

(a)a failure to pay rent, or
(b)a failure to pay outgoings, or
(c)the business operating under the lease not being open for business during the hours specified in the lease.

Non-Impacted Lessee: Where the Lessee is not a COVID-19 Impacted Lessee nothing prevents a Lessor taking a prescribed action on grounds not related to the economic impacts of the COVID-19 pandemic and this notice may be served where rent or charges are unpaid.

 

OTHER GROUNDS

__ The Premises is permanently unfit for the Lessee to occupy in accordance with the Damage or Destruction provisions of the Retail Shop Lease.

__ Other: (if insufficient room, attach schedule)

 

01 Jul 2017 v1.4

All instances of 'Retail Shop Lease Contract' changed to 'Retail Shop Lease'.

 

11 Jun 2015 v1.3

Copyright statement updated.

 

22 Aug 2012 v1.2

Additions / Changes:


Heading

NOTICE OF TERMINATION OF RETAIL LEASE

(under Clause 37 & 38 of  the Retail Shop Lease Contract)


Item 4

Tick the appropriate reason only one:

__ Whereas you as Lessee are in breach of covenant with respect to the Retail Shop Lease Contract in that you have failed:

__ To comply with a notice served on you under Section 129 of the Conveyancing Act 1919    

__ To make payment of rent in accordance with the Rent provisions Clause 5 of the Retail Shop Lease Contract

__ Other: ………………………………....………………………………………………………………………

__ The Premises is permanently unfit for the Lessee to occupy in accordance with the Damage or Destruction provisions of the Retail Shop Lease Contract Clause 21.

__ Other: (if insufficient room, attach schedule)


Item 5

The aforementioned Retail Shop Lease Contract is hereby terminated forthwith upon service of this Notice.

Lessor/Agent: …………………………………………                    Date: ……/…../………..

 

14 Mar 2012 v1.1

Additions / Changes:


Heading

NOTICE OF TERMINATION OF RETAIL LEASE

(under Clause 37 & 38 of the Retail Shop Lease Contract)