The Effect of Amendments to the Commercial Tenancy (Retail Shops) Agreements Act 1985 on the Balance of Power between Landlord and Tenant

Abstract

This article analyses the amendments to the Commercial Tenancy (Retail Shops) Agreements Act 1985 (WA) that came into effect on 1 January 2013. In particular, the analysis seeks to examine the change in the balance in the bargaining position between landlord and tenant. Many amendments serve to afford greater protection and certainty for tenants, serving to strengthen their bargaining position. It is clear that such an outcome was contemplated by the WA Parliament in enacting the amendments. Conversely, the burden now placed on landlord to comply with the amended Act may be such that that it makes them commercially vulnerable.