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Forms specified by regulations under the Act

The property owner or their agent is required to provide prospective tenants with forms specified by regulations under the Act to enable proper assessment of a lease proposal. These documents are specified below.

The materials presented in the State Law Publisher pages and its sub-directories are provided voluntarily as a public service. The information and advice provided is made available in good faith at the time of release on the Internet. However, the information is provided solely on the basis that readers will be responsible for making their own assessment of the matters discussed herein and are advised to verify all relevant representations, statements and information.

While copies of the Regulations and Act are provided through the State Law Publisher's website as a public service and can be printed out, legislation does not provide for the documents to be used as authorised copies. Contact the State Law Publisher at 10 William Street, Perth (Tel: 08 9321 7688) for information regarding the authorised copies or to obtain copies of the Forms.

Important forms for retail/commercial lease tenants

Disclosure Statement - Form 1

The Disclosure Statement includes details about the proposed terms and conditions of the lease. Click here to read and print the online version of Form 1. Under Section 6(4) of the Act a copy of the draft lease, a Tenant Guide (Form 6) and an operating expenses (outgoings) budget must accompany the Disclosure Statement.

Notice of Election - Form 2

If a retail shop lease contains a provision to the effect that rent is to be determined either in part or in whole by reference to the turnover of the business, the tenant should receive a copy of this Form before the provision was included. Click here to read and print the online version of Form 2. The tenant has the choice under Section 7(1) (a) of electing to base the rent on turnover and in so doing needs to complete and provide the Lessor with this Form.

Notice of Exercise of Option - Form 3

A notice under section 13(1) of the Act by which the option to renew a lease referred to in that section is exercised. Click here to read and print the online version of Form 3.

Tenant Guide - Form 6

The Tenant Guide provides information to retail/commercial tenants covered by the Act to help them understand property leasing matters, the negotiation of agreements and issues which should receive particular attention including:

• obtaining advice before entering the lease;
• disclosure statement and the Tenant Guide;
• premises covered by the Act;
• term of the retail shop lease;
• business goodwill and structuring your lease;
• rent review matters;
• contribution to landlord expenses;
• sinking, marketing and promotional funds;
• hours of operation;
• standard trading hours and the costs of operation;
• assignment and sub-leasing;
• use of void clauses;
• compensation by landlord; and
• disputes between the lessee (tenant) and lessor (landlord).

The Tenant Guide (Form 6) is a plain language document issued by the landlord under Section 6A(4) of the Act and must be attached to the front of the lease document. Click here to read and print the online version of the Tenant Guide.