Where the Retail Leases Act 2003 (“RLA”) applies to a lease, if the Landlord and Tenant (the parties) cannot agree on the appointment of a valuer to determine the rent, either party can request that the Small Business Commissioner (SBC) appoint a specialist retail valuer. In so doing, the SBC will seek a recommendation from the REIV or the API, guided by terms of the Lease. 

The parties could instead agree to a valuer being appointed by the REIV or API, depending on the terms of the Lease.

If the RLA does not apply, and the lease provides for the REIV to make an appointment to determine a dispute or the rent, the parties can apply to the REIV for that purpose.

Either party can make an application to the REIV, even though the process requires both the Landlord and the Tenant to:

• complete, sign and return either one or separate REIV Rental Determination Application forms ; 
• agree that the REIV’s terms and conditions are binding; 
• supply all information specified in the application form; 
• share the cost of the rental determination equally; 
• pay in advance to the REIV by EFT :
  • a non-refundable REIV administration fee; and
  • a security deposit to go towards the valuer’s fees and expenses, based on the annual asking rental; 
• pay any balance owing direct to the valuer; and
• accept the valuer will act as a valuer, not as an arbitrator; and
• accept the valuer’s determination as final and binding.

(Note: the REIV will refund any balance of the security deposit remaining equally to the landlord and tenant, if the fee for the determination is less than the total security deposit).

The REIV Rental Determination Application Form is a writable pdf. Signed forms and supporting documents must be sent to the REIV by e-mail: appointments@reiv.com.au 

When all required information has been provided, an appointment is generally made in 5-10 business days.