Western Australia - Commercial Tenant Act Review

VICTORIA WESTERN AUSTRALIA

MGA’s Ross Anile and Jos de Bruin are committee members together with other WA Industry Organisations that will be working together to drive for a fair Commercial Tenancy Act Review (CTA).

The CTA review provides an opportunity for Small Business to address leasing issues which have been a cause of significant concern for MGA members over the years. Also noting that COVID-19 has compounded member concerns regarding leasing.

Based on the discussions to date, it is clear that: • Rent is most often the second largest or largest business cost. • Leasing is an important issue for many members, and it is a critical issue for some. • COVID-19 has compounded leasing difficulties experienced by tenants. • If reasonable changes are adopted in legislation via the CTA review process, the potential value returned to the small business sector is likely to be in the tens to hundreds of millions of dollars across the state. • If tenant advocacy is not strong enough, property industry advocacy could result in the watering down of cornerstone protections of the Act, such as the right to a minimum 5-year term.

This is already on the public record

for the 2021 review. • The outcomes achieved (positive or negative) through the review process will be highly dependent on the initiative, hard work and collective voice of the small business sector.

MGA will be working with the other small business industry groups, such as the Pharmacy Guild, to provide the department or government with a clear and united tenant mandate of what to change to benefit tenants and to oppose a very strong property industry cohort representing large landlords.

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