Review of current market rent on option to renew

ACT

See sections 52-55, 57-59. Please see "Market Rent Reviews".

NSW

See section 31. All retail shop leases that provide for rent to be changed at CMR must be on an effective rent basis and not take into account the value of goodwill created by the tenant.

If the landlord and tenant do not reach agreement about what the CMR should be, the amount of rent is to be determined by valuation by an SRV appointed by agreement of the parties, or failing agreement, by the Registrar.

A party to a retail shop lease can also apply to the Registrar of nAT for the appointment of an SRV. A party to a lease may make written submissions to an SRV to assist in considerations.

AN SRV must make a valuation of a CMR within 1 month after receiving the information it has requested of the landlord (such as current rental, outgoings, incentives and variations of the lease) referred to in subsection (1)(d)

NT

See section 29. Please see "Market Rent Reviews"

QLD

See sections 28-36A. Please see "Market Rent Reviews"

SA

See section 35. Similar to NSW, but valuer appointed by the person acting in the office of Chair of the SA State Committee of the Australian Property Institute Limited (or the holder of such other office representing property interests in the State prescribed by the regulations). 

TAS

No provision in Code for review of current rent on application.

See "Early review of current market rent" regarding section 20, when lease provides for review. 

VIC

See section 37. Please see "Market Rent Reviews"

WA

Section 11 applies to every market review specified under the retail shop lease. See "Market Rent Reviews" for discussion. No special additional rules apply on a renewal. 

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.