O'Brien progresses new retail laws

Commerce Minister Simon O'Brien has continued the state government's reform of retail tenancies, with the introduction of a new bill in state parliament aimed at protecting small businesses.

Mr O'Brien said the Commercial Tenancy Agreements Amendment Bill 2011 would provide a more transparent framework that would benefit both landlords and tenants.

"Tenants will be able to make more informed leasing decisions with the Bill containing amendments that will require landlords to include additional information in the disclosure statements provided to tenants," Mr O'Brien said.

"The new laws will protect the rights of tenants in relation to their options to renew and also reduce leasing costs.

"The bargaining power of tenants will be improved by prohibiting landlords from passing on to tenants certain legal fees relating to the preparation and negotiation of the lease agreement.

"The Bill also intends to enhance security of tenure for tenants by requiring prior notification of the expiry date of their option to renew."

The amendments also provide tenants with access to low-cost dispute resolution, by giving the State Administrative Tribunal the power to hear claims of misleading and deceptive conduct.

""Providing improved protections for small business proprietors will hopefully result in a reduction in disputes between landlords and tenants, achieved primarily by reducing the disparity in bargaining power that can currently exist between the two parties.

"The Bill is the result of an extensive review of the laws which had input from 90 stakeholders and made more than 60 recommendations. The proposed reforms will promote a fairer and more efficient retail tenancy market.

"Together with our Bill to create a Small Business Commissioner, the Government is committed to supporting the retail sector in WA and introducing effective legislation that will provide a level playing field in the area of retail shop leases."

The reforms were first floated in Parliament by then-commerce minister Troy Buswell in June 2009.