REIQ Best Practice Guidelines v03.23 - Flipbook - Page 92
49. RETAIL SHOP LEASES ACT
If the Retail Shop Leases Act (RSLA) applies to a
lease of the property, Member C&I Agents must do
all things necessary to comply with the Act on
behalf of the Client, including:
(a) provide the necessary disclosure statements to
the prospective lessee, renewing lessee or
assignee, such as a completed and signed
Lessor Disclosure Statement, Lessee Disclosure
Statement, Legal Advice Certificate, Financial
Advice Certificate;
(b) ensure time limits prescribed by the Act are
complied with:
i.
the prospective lessee must not sign
the lease within 7 days of receiving the
lease and disclosure required by the
Act unless a Waiver is given; and
ii.
time limits prescribed for renewal of
the lease, giving notice to exercise an
option to renew and to withdraw any
notice; and
(b) If the Client has not complied with their legal
obligations or the Member C&I Agent has
reasonable doubt that the Client has complied
with their legal obligations under the Work
Health and Safety Regulation 2011 (Qld), then
the Member C&I Agent should direct
the Client to seek legal advice about
their obligations and disclosure requirements
which must be made under a contract and
legislation.
51. CRITICAL DATES
Member C&I Agents should diarise all critical dates
in the lease or applying to the lease under relevant
legislation and provide their Client or their Client’s
Legal Practitioner with a reminder of the critical
date within a reasonable time of that date.
52. PROPERTY CONDITION REPORTS
(c) direct the Client to seek legal advice
about the specific requirements of the
RSLA which may apply to their lease.
(a) Member C&I Agents may conduct a property
condition report within a reasonable time
before the lessee takes possession of the
property to evidence the condition, cleanliness
and state of repair of all aspects of the property
including all fixtures, fittings, plant and
equipment at the property.
50. ASBESTOS IDENTIFICATION, REGISTER
AND MANAGEMENT PLAN
(a) Member C&I Agents must make reasonable
enquiries with the Client to ascertain:
i.
if a competent person has been
engaged to identify all asbestos or
asbestos contaminating material at the
property;
ii.
if an asbestos register compliant with
the Work Health and Safety Regulation
2011 (Qld) has been prepared and is
kept on the property; and
iii.
if an asbestos management plan
compliant with Work Health and Safety
Regulation 2011 (Qld) has been
prepared and is kept on the property.
REIQ BEST PRACTICE GUIDELINES
V08.23
92
