A retail lease is an agreement between a landlord and a tenant for the use of a commercial premises to operate a retail shop. NCAT deals with retail tenancy claims and unconscionable conduct claims under the
Retail Leases Act 1994.
retail tenancy claim includes disputes about the payment of money, claims for repairs, amendments to a lease and a number of other claims.
unconscionable conduct claim is where you consider that the other party has caused you financial loss during a retail lease transaction by highly unethical conduct such as relying unfairly on greater bargaining power, using unfair tactics, unreasonably failing to tell you things, or acting in bad faith in some other way.
Parties may be required to attempt mediation with the
Office of the NSW Small Business Commissioner before applying to NCAT. Exceptions are applications for urgent interim orders or the appointment of a specialist retail valuer.
If mediation is attempted and unsuccessful, you will receive a certificate from the NSW Small Business Commissioner under section 68 of the
Retail Leases Act 1994. You must attach this certificate to your application to NCAT.
Retail Leases Application for Original Decision [PDF, 134kB]
You must attach the certificate issued by the Office of the NSW Small Business Commissioner.
Retail lease applications are listed for a directions hearing within 4 weeks. NCAT will send you and the other party a notice of hearing with the date, time and location at which the matter will be heard.
If you require an urgent hearing (for example, you have been locked out by your landlord) you can apply to NCAT for an interim order in addition to your Application for an Original Decision.
Retail Leases Application Form - Request for Interim Order [PDF, 95kB]
You will need to provide reasons why you are seeking the interim order. NCAT will determine the request within 7 days. NCAT must be satisfied on reasonable grounds that urgent considerations justify the making of the interim order.
If an interim order is made, it remains in force until the Application for an Original Decision is determined. Once the request for an interim order is determined, the Application for an Original Decision will then be listed for hearing.
Clause 7 Schedule 4 of the Civil and Administrative Act 2013 provides that a party to proceedings for the purposes of the Retail Leases Act 1994 is entitled to be represented by a lawyer or agent without requiring leave of the Tribunal.
At the directions hearing, a Tribunal Member will talk to you and the other party about the best way to deal with your application. The Member will assist you and the other party to agree on a timetable for exchanging evidence and documents which are relevant to the claim.
NCAT hearings are less formal that court hearings. Generally, the applicant will present their case first and then the respondent will present their case. Learn more about going to
In some cases, the Tribunal Member may be able to give you their decision and reasons at the end of the hearing. In other instances, the Member will need time to consider the matter and give their decision at a later date. You will receive a letter telling you of the decision that NCAT has made.
NCAT has jurisdiction to hear and determine retail tenancy applications up to $750,000 (where lease signed on or after 1 July 2017), or $450,000 (where lease is entered into prior to 1 July 2017) under the
Retail Leases Act 1994.
The following time limits apply:
Applications about retail tenancy may not be lodged more than 3 years after the liability or obligation that is the subject of the claim arose;
Applications about unconscionable conduct may not be lodged more than 3 years after the alleged unconscionable conduct occurred.
An extension of time applies if NCAT orders that the claim may be lodged more than 3 years but no later than 6 years after the liability or obligation that is the subject of the claim arose or after the alleged unconscionable conduct occurred.
NCAT can make a wide range of orders under the
Retail Leases Act 1994 about retail lease disputes.
Orders about retail tenancy claims under section 72 include:
Orders about unconscionable conduct claims under section 72AA include:
From 1 July 2017 under Section 32B, all applications about the appointment of specialist retail valuers will be dealt with by the Office of the NSW Small Business Commissioner. NCAT will no longer deal with matters about the appointment of specialist retail valuers.
Retail Leases Act 1994
Fees and charges
How to resolve your matter
For information and assistance with retail lease matters
Office of the NSW Small Business Commissioner
Legal Information Access Centre