An Advisory Opinion on Essential Safety Measures was handed down by VCAT on 1 May 2015.

The key elements are that:

  • A landlord must bear the cost of compliance with essential safety measure obligations, and cannot pass these costs on to the tenant;
  • For some obligations, the landlord may agree with the tenant for the tenant to meet the requirements, but at the landlord’s expense;
  • More generally, the landlord cannot pass on to the tenant as outgoings the cost of complying with certain repair and maintenance obligations under the Retail Leases Act 2003.

For more details on the VCAT Advisory Opinion on Essential Safety Measures click here.

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