Deemed commencement date of lease

ACT

See section 5. The Lease is entered into on the earlier of:

  • execution of the lease by the parties; or
  • the tenant entering into possession of the premises.

NSW

See section 8. A retail shop lease is entered into when a person enters into possession as the tenant or a person begins to pay rent as the tenant (whichever happens first). In the 2021 NSWSC decision of Ausko Cooperation v Junapa Pty Ltd, the court reiterated that section 8 is a temporal question, namely, when a retail shop lease is deemed to have commenced, rather than whether a retail shop lease actually exists. However, if the landlord and tenant execute the lease before the tenant enters into possession or begins paying rent then the lease is entered into as soon as both parties have signed the lease.

NT

See section 10. A retail shop lease is entered into when:

  • both parties sign the lease instrument;
  • the tenant enters into possession; or
  • the tenant commences to pay rent,

whichever occurs first.

QLD

See section 11. The lease is entered into on the earlier of the date on which the lease is signed by all of the parties, or the date on which the tenant enters into possession or the date the tenant first pays rent under the lease (other than as a deposit to secure the premises for the lease).

SA

See section 6. Similar to NSW.

TAS

See section 17. Rent and outgoings are to commence from the date of handing over possession with all finishes provided by the landlord in accordance with the lease, unless otherwise agreed.

VIC

See section 7. A retail premises lease is entered into when either:

  • under the lease, the tenant enters into possession of the premises with the consent of the landlord; or
  • the tenant begins to pay rent; or
  • the lease has been signed by all parties,

whichever occurs first.

WA

See section 3(4). A retail shop lease is entered into when:

  • under the retail shop lease the tenant enters into possession; or
  • the tenant commences paying rent; or
  • if the retail shop lease is in writing, both parties sign the lease,

whichever occurs first.

As noted above the definition of "lease" in the Act is very wide.

This is relevant, for example, for ascertaining whether a DS has been duly given under section 6 before the lease was entered into (even if the commencement date is some time in the future).

Definitions and currency

Currency of information by jurisdiction Definitions

ACT information current as at 1 January 2023

NSW information current as at 1 January 2023

NT information current as at 1 January 2023

QLD information current as at 1 January 2023

SA information current as at 1 January 2023

Tas information current as at 1 January 2023

Vic information current as at 11 April 2023

WA information current as at 1 January 2023

"CMR" means current market rent.

"CMV" means current market value.

"DS" means disclosure statement.

"NCAT" means the NSW Civil and Administrative Tribunal.

"QCAT" means Queensland Civil and Administrative Tribunal.

"RSC" means retail shopping centre.

"RTC" means retail tenancy claim.

"RTD" means retail tenancy dispute.

"SAT" means State Administrative Tribunal.

"SBC" means Small Business Commissioner.

"SRV" means specialist retail valuer.

"VCAT" means Victorian Civil and Administrative Tribunal.

"WA SAT" means the State Administrative Tribunal of Western Australia.