Rent variations for short-term leases

ACT

No mention in the Act.

NSW

Section 21A is repealed. Previously, if a lease was extended to a 5 year term, the landlord could change the rent from the date of commencement of the additional period and then annually, in line with CPI increases.

NT

No mention in the Act.

QLD

No mention in the Act.

SA

See section 22(2). A retail shop lease must not provide for a change to base rent less than 12 months after the lease is entered into or a change to base rent less than 12 months after any previous change to the rent (excluding change to base rent by a specified amount or specified percentage).

TAS

No mention in the Act.

VIC

No mention in the Act.

WA

See section 13(5). If a retail shop lease is extended to a 5 year term pursuant to the statutory option in section 13(1), the terms and conditions of the lease applicable at the time the statutory option is exercised will apply (other than any options to renew).

However, if that retail shop lease does not provide for a review of rent during the new term pursuant to the option, then the lease will be taken to provide that the rental payable is the CMR.

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.