{"id":"a-2001-18","name":"Leases (Commercial and Retail) Act 2001","slug":"leases-commercial-and-retail-act-2001","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"18 of 2001","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":23846,"registerId":"act-a-2001-18-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"26","sectionType":"section","heading":"December 2025. It also includes any commencement, amendment, repeal or expiry affecting","content":"26 December 2025. It also includes any commencement, amendment, repeal or expiry affecting\nthis republished law to 26 December 2025.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT\nlegislation register at www.legislation.act.gov.au):\n• authorised republications to which the Legislation Act 2001 applies\n• unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made by\nan Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The\nchanges are made if the Parliamentary Counsel considers they are desirable to bring the law into\nline, or more closely into line, with current legislative drafting practice.\nThis republication includes amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the\nsymbol M appears immediately before the provision heading. The text of the modifying\nprovision appears in the endnotes. For the legal status of modifications, see the Legislation\nAct 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $160 for an\nindividual and $810 for a corporation (see Legislation Act 2001, s 133).\n\ncontents 1\nPage\n1 Name of Act 2\n3 Notes 2\n4 Dictionary 3\n5 When is a lease entered into to work out timing for obligations under\nthis Act? 3\n6 When is a lease taken to be renewed for this Act? 4\n7 When are premises commercial or retail premises? 4\n8 What are shopping centres? 5\n9 What is a change of use lease? 6\n10 What is a continuous occupation lease? 6\n\nPage\ncontents 2 Leases (Commercial and Retail) Act 2001\n11 What is an excluded area? 6\n12 What leases does this Act apply to? 7\n13 How to work out the lettable area of premises 9\n14 Application to change of use leases 10\n15 Is assignment the same as entering into lease for working out\napplication of Act? 10\n16 Application of Act to pre-existing leases on registration of units plans 10\n17 Disputes 11\n18 Disputes about leases no longer in force 14\nPart 4 Relationship between Act and leases\n19 Void provisions 15\n20 Included provisions 15\n21 Recovery of GST 16\n22 Prohibited conduct in dealings 17\n23 Lease costs 19\n24 Notice of acceptance of lease offer 19\n25 Provision of copy of lease to tenant 19\n26 Independent legal advice 20\n27 Tenant not required to pay fees 20\n28 Copy of proposed lease to be provided 21\n29 Notice—short minimum term 21\n30 Disclosure statements 21\n31 Form of disclosure statements 22\n32 Return of disclosure statement 22\n33 Disclosure statement and acknowledgment not lease or offer 23\n34 Notice of material changes 23\n35 Notice about handbook 23\n36 False or misleading representations 23\n37 Compensation for negotiation misrepresentations 24\n\nPage\ncontents 3\n38 Key money prohibited 24\n39 Maximum level of bond 25\n40 Guarantees and indemnities 25\n41 Bank guarantee as bond 25\n42 Dealings with bonds 25\n43 Deductions from bonds 26\n44 Repayment of bonds 26\n45 Return of guarantees 27\n46 Discretionary rent review 28\n47 Frequency of rent reviews 28\n48 Commencement of payment for rent 28\n49 Rent setting or review if lease method void 29\n50 Lease to state date rent review due 29\n51 Rent on renewal 30\n52 Market rent—rent reviews, options and renewals 30\n53 Valuation to work out market rent 32\n54 Working out market rent 32\n55 Rent pending valuation—rent reviews and options to extend 33\n56 Extension if rent on renewal to be worked out 33\n57 Appointment of new valuer if conflict of interest disclosed 33\n58 Appointment of new valuer in other cases 34\n59 Disclosure of concessions 35\n60 Costs of valuations 35\n61 Combination of base and turnover rent acceptable 36\n62 Adjustments to turnover rent 36\n63 Frequency of adjustments to turnover rent 36\n64 Working out turnover rent 36\n\nPage\ncontents 4 Leases (Commercial and Retail) Act 2001\n65 Outgoings—estimates and expenditure statements 38\n66 Outgoings—reports 38\n67 Adjustment of contributions to outgoings 40\n68 Methods of accounting 41\n69 Commencement of payment for outgoings 41\n70 Recoverable outgoings 41\n71 Recovery of outgoings 42\n72 Retail areas of shopping centres—waiving auditor’s report 43\n73 Employment restriction 44\n74 Refurbishment of premises 44\n75 Undisclosed contributions 45\n76 Capital costs 45\n77 Depreciation 45\n78 Demolition 45\n79 Alterations and refurbishments to or affecting premises 46\n80 Emergency alterations 47\n81 Compensation for disturbance 47\n82 Compensation to reflect any concessions 48\n83 Shopping centre enlargement not grounds for compensation 48\n84 Damaged premises unable to be used 48\n85 Damaged premises able to be used 49\n86 Dispute about payment or nonpayment of rent and outgoings 50\n87 Dispute about useability of damaged premises 50\n88 Notice of lessor’s intentions regarding repair 50\n89 Termination by lessor because of damage 51\n90 Termination by tenant because of damage 52\n91 Compensation for incomplete repair 52\n92 Agreement to terminate 53\n93 Provision of disclosure statement by tenant 54\n94 Lessor to provide disclosure statement 54\n\nPage\ncontents 5\n95 Request for consent to assignment, sublease or mortgage 55\n96 Lessor may require relevant information and documents 55\n97 Mortgagees and head lessors 56\n98 Unreasonable refusal by mortgagee or head lessor 57\n99 Lessor’s consent or refusal 57\n100 Refusal to consent to assignment or sublease 58\n101 Refusal to consent to mortgage of lease 60\n102 Lessor may recover costs 60\n103 Tenant and guarantor released from liability 60\n104 Minimum 5 year lease 61\n105 Terms of extended leases 63\n106 Objects of div 12.2 64\n107 Lessor’s intentions about renewal 64\n108 Rules of conduct at end of lease term for shopping centre leases 65\n109 Implementation of preferential right 66\n110 Notice of absence of right of preference 67\n111 Certified exclusionary clauses 68\n112 Fair dealing between lessor and tenant about renewal of shopping\ncentre lease 68\n113 Other rights etc unaffected by termination 69\n114 Termination by agreement 69\n115 Abandonment 70\n116 Tenant’s right to terminate extended lease 71\n117 Right to terminate—no disclosure statement etc 71\n118 Failure to notify material change in disclosure statement 71\n119 Lessor may contest termination 72\n120 Effect of uncontested termination notice 72\n121 Effect of contested termination notice 72\n\nPage\ncontents 6 Leases (Commercial and Retail) Act 2001\n122 Procedure for termination of lease by lessor etc 73\n123 Confirmation of contested termination 74\n124 Confirmation of uncontested termination 75\n125 Content of termination orders 75\n126 Content of warrants for eviction 76\n127 Issue of warrants for eviction 77\n128 Application of pt 13 78\n129 Provision and use of turnover figures 78\n130 Statistical information to be available to tenant 79\n131 Advertising and promotion levy—new leases 79\n132 Advertising and promotion levy—other leases 80\n133 Amount not spent to be kept for benefit of tenants 80\n134 Non-specific outgoings contribution 81\n135 Consultation before redevelopment 81\n136 Relocation clauses 82\n137 No relocation other than for repairs, refurbishment, redevelopment or\nextension 83\n138 Relocation for repairs, refurbishment, redevelopment or extension 83\n139 Changing core trading hours 84\n140 Tenants trading outside core trading hours 84\n141 Geographical restrictions void 84\n142 No termination for inadequate sales 85\n143 Definitions for pt 14 86\n144 Jurisdiction 86\n145 Applications that may be made 87\n146 Timing of rental applications 87\n147 Action on receiving application 87\n148 Resolution of dispute likely 88\n149 Resolution of dispute unlikely 88\n150 Hearings 89\n\nPage\ncontents 7\n151 Procedures 89\n152 Transfer to Supreme Court 89\n153 Notice of orders 89\n154 Costs 89\n155 Appeals to Supreme Court 90\nPart 15 Miscellaneous\n157 References to repealed Act or code 91\n157A Approved forms 91\n158 Regulation-making power 91\nSchedule 1 Working out market rent 92\nDictionary 95\n1 About the endnotes 100\n2 Abbreviation key 100\n3 Legislation history 101\n4 Amendment history 105\n5 Earlier republications 110\n\nAn Act to regulate commercial and retail leases and tenancies, and for other\npurposes\n\n","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"1 Name of Act\nThis Act is the Leases (Commercial and Retail) Act 2001.\n","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Notes","content":"3 Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n\nInterpretation Part 2\n","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Dictionary","content":"4 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct, and includes references (signpost definitions) to other terms defined\nelsewhere in this Act or in other legislation.\nFor example, the signpost definition ‘certificate of occupancy—see the\nBuilding Act 2004, dictionary.’ means that the term ‘certificate of\noccupancy’ is defined in that dictionary and the definition applies to this\nAct.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears (see\nLegislation Act, s 155 and s 156 (1)).\n","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"When is a lease entered into to work out timing for","content":"5 When is a lease entered into to work out timing for\nobligations under this Act?\nIf something is required to be done under this Act within a stated time\nbefore or after someone enters into a lease, the lease is taken to have\nbeen entered into when the earliest of the following happens:\n(a) the execution of the lease by the parties to it;\n(b) the entering into possession of the premises by the tenant under\nthe lease.\n\n","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"When is a lease taken to be renewed for this Act?","content":"6 When is a lease taken to be renewed for this Act?\n(1) A new lease is taken to be a renewal of another lease (the existing\nlease) for this Act if the new lease is between the same parties as the\nexisting lease and relates to the same premises and the premises are\nto be put to the same or similar use.\n(2) This section does not apply to a renewal mentioned in section 16\n(Application of Act to pre-existing leases on registration of units\nplans).\n","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"When are premises commercial or retail premises?","content":"7 When are premises commercial or retail premises?\n(1) Premises under a lease or proposed lease are commercial premises\nif—\n(a) the permitted use of the premises under the lease or proposed\nlease is for commercial business; or\n(b) if there is nothing in the lease about the use the premises are to\nbe put to—a commercial business may be carried on on the\npremises under the territory lease for land that includes the\n(2) Premises under a lease or proposed lease are retail premises if—\n(a) the permitted use of the premises under the lease or proposed\nlease is for retail business; or\n(b) if there is nothing in the lease about the use the premises are to\nbe put to—a retail business may be carried on on the premises\nunder the lease granted under the territory lease for land that\nincludes the premises.\ncommercial business means a business not involving—\n(a) the sale or hire of goods by retail; or\n(b) the supply of services by retail.\n\nInterpretation Part 2\nretail business means a business involving—\n(a) the sale or hire of goods by retail; or\n(b) the supply of services by retail.\n","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"What are shopping centres?","content":"8 What are shopping centres?\n(1) A shopping centre is a group of premises where—\n(a) at least 5 of the premises are—\n(i) retail premises; or\n(ii) small commercial premises; or\n(iii) premises prescribed by regulation for section 12 (1) (k); or\n(iv) a mixture of the premises mentioned in subparagraphs (i)\nto (iii); and\n(b) the premises—\n(i) have, or would have if leased, the same lessor or same head\nlessor; or\n(ii) are units in a single unit plan under the Unit Titles Act 2001\nand are managed by a single person; and\n(c) the premises are—\n(i) in a single building; or\n(ii) in buildings that adjoin, or are separated only by areas\nowned by the lessor of the premises; and\n(d) the group of premises is promoted as, or generally regarded as\nmaking up, a shopping centre, shopping mall, shopping court or\nshopping arcade.\n(2) In addition, a shopping centre is a group of premises prescribed by\nregulation for this subsection.\n\n","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"What is a change of use lease?","content":"9 What is a change of use lease?\nA lease for premises is a change of use lease if—\n(a) this Act did not apply to the lease when the lease was entered\ninto; and\n(b) the permitted use of the premises changes during the lease term\nby agreement between the parties; and\n(c) this Act would have applied to the lease if the lease had had the\nchanged use when it was entered into.\n","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":"What is a continuous occupation lease?","content":"10 What is a continuous occupation lease?\n(1) A continuous occupation lease is a lease for premises for a term of\nless than 6 months if—\n(a) the tenant was in occupation of the premises with the owner’s\nconsent when the lease was entered into; and\n(b) the tenant has been in continuous occupation of the premises\nwith the owner’s consent for at least 6 months.\n(2) However, a proposed lease is not a continuous occupation lease.\n","sortOrder":9},{"sectionNumber":"11","sectionType":"section","heading":"What is an excluded area?","content":"11 What is an excluded area?\n(1) An excluded area is an area of a shopping centre—\n(a) without retail premises, small commercial premises and\npremises prescribed by regulation for section 12 (1) (k); and\n(b) that is geographically distinct (even if it is in the same building)\nfrom the areas in the shopping centre containing premises\nmentioned in paragraph (a).\n(2) However, an excluded area does not include a common area within\nthe shopping centre adjacent to premises mentioned in\nsubsection (1) (a).\n\n","sortOrder":10},{"sectionNumber":"12","sectionType":"section","heading":"What leases does this Act apply to?","content":"12 What leases does this Act apply to?\n(1) This Act applies to a lease for premises, in the ACT, of the following\nkinds:\n(a) retail premises other than large excluded premises;\n(b) premises located in the retail area of a shopping centre other than\nlarge excluded premises;\n(c) small commercial premises;\n(d) premises under a lease to an association incorporated under the\nAssociations Incorporation Act 1991, or an entity eligible to be\nincorporated under that Act, other than premises used for\nresidential purposes;\n(e) premises under a lease to an unincorporated charitable entity,\nother than premises used for residential purposes;\n(f) premises under a lease that are used to provide a combination of\nbusiness accommodation and secretarial services;\n(g) premises under a lease that are used as an education and care\nservice or childcare centre;\n(h) premises under a lease that are used as a sports centre (other than\npremises covered by another paragraph);\n(i) premises under a lease that are used as an art gallery;\n(j) premises under a lease that are used as a gardening supply\ncentre;\n(k) premises prescribed by regulation for this subsection.\nNote Large excluded premises is defined at the end of the section, and small\ncommercial premises is defined in the dictionary.\n\n(2) However, this Act does not apply to a lease if—\n(a) the lease is for premises prescribed by regulation for this\nparagraph; or\n(b) the lease is prescribed by regulation for this paragraph; or\n(c) the lease is for less than 6 months, unless the lease is a\ncontinuous occupation lease.\n(3) Also, section 139 (Changing core trading hours) applies in relation to\neach lease for premises in the retail area of a shopping centre.\n(4) For this section, it does not matter whether the lease was entered into\noutside the ACT or purports to be governed by the law of a\njurisdiction other than the ACT.\n(5) For this section, a lease includes—\n(a) an agreement, whether in writing or not, that provides for the\noccupation of premises exclusively or otherwise, whether for a\nfixed term, periodically or at will; and\n(b) a sublease or licence.\n(6) However, a lease does not include—\n(a) an agreement relating to the common area of a shopping centre\nthat would be included only because it provides for someone to\nuse a part of the area; or\n(b) a territory lease; or\n(c) a land sublease; or\n(d) a lease of vacant land; or\n(e) a right to occupy land to build on the land.\n(7) For this section:\nchildcare centre includes a childcare centre within the meaning of the\nChildren and Young People Act 2008, section 733.\n\neducation and care service—\n(a) means an education and care service within the meaning of the\nEducation and Care Services National Law (ACT), section 5;\nbut\n(b) does not include a family day care service within the meaning\nof the Education and Care Services National Law (ACT),\nsection 5.\nNote The Education and Care Services National Law (ACT) Act 2011, s 6\napplies the Education and Care Services National Law set out in the\nEducation and Care Services National Law Act 2010 (Vic), schedule as\nif it were an ACT law called the Education and Care Services National\nLaw (ACT).\nland sublease—see the Planning Act 2023, dictionary.\nlarge excluded premises means premises with a lettable area larger\nthan 1000m2 that are leased to a listed public company or a subsidiary\nof a listed public company.\n","sortOrder":11},{"sectionNumber":"13","sectionType":"section","heading":"How to work out the lettable area of premises","content":"13 How to work out the lettable area of premises\n(1) If it is necessary to work out the lettable area of premises for this Act,\nthe premises must be measured in a way, and by someone, agreed\nbetween the parties.\n(2) However, if the parties cannot agree how the premises are to be\nmeasured, the Magistrates Court may, on application by a party,\ndecide the way in which the premises are to be measured or appoint\nsomeone to measure the premises.\n(3) Unless the Magistrates Court decides otherwise—\n(a) the lessor must pay for the first measurement of premises; and\n(b) the lessor and tenant must pay equal shares for any further\nmeasurement.\n\n","sortOrder":12},{"sectionNumber":"14","sectionType":"section","heading":"Application to change of use leases","content":"14 Application to change of use leases\nThis Act applies to a change of use lease from the time of the change\nof use.\n","sortOrder":13},{"sectionNumber":"15","sectionType":"section","heading":"Is assignment the same as entering into lease for working","content":"15 Is assignment the same as entering into lease for working\nout application of Act?\n(1) In working out whether this Act applies to a lease, a person (the\nassignee) is not taken to have entered into the lease only because the\nlease was assigned to the person.\n(2) However, if this Act applied to the lease immediately before the lease\nwas assigned, subsection (1) has the effect of ceasing the application\nof this Act to the lease, or to a dispute in relation to the lease, only—\n(a) if this Act would not have applied to the lease if the assignee had\nbeen the original tenant; and\n(b) while that assignee is the tenant.\n","sortOrder":14},{"sectionNumber":"16","sectionType":"section","heading":"Application of Act to pre-existing leases on registration","content":"16 Application of Act to pre-existing leases on registration\nof units plans\n(a) a person leases premises (the original lease) that are\nsubsequently registered as part of a units plan under the Unit\nTitles Act 2001; and\n(b) because of the registration, the person enters a new lease\n(the new lease) that contains essentially the same terms as the\noriginal lease apart from any changes made because of the\nregistration.\n(2) In working out whether this Act applies to the new lease, the new\nlease is taken to have been entered into when the original lease was\nentered into.\n\n","sortOrder":15},{"sectionNumber":"17","sectionType":"section","heading":"Disputes","content":"17 Disputes\nThis Act applies to a dispute about a matter mentioned in table 17,\ncolumn 1—\n(a) the lease or proposed lease, or a provision of the lease or\nproposed lease, to which the dispute relates, was entered into,\nextended under an option, renewed or, for a provision only,\nvaried, at or after the corresponding time mentioned in column 2\n(if applicable); and\n(b) the conduct that caused the dispute complained of happened at\nor after the corresponding time mentioned in column 3.\nTable 17 Table of disputes to which Act applies\n1 key money in relation to a\nlease or to negotiations for\nentering into a lease\n2 a discretionary rent review\nclause of a lease\n1 January 1994 (a) for a dispute about\na discretionary\nrent review clause\nthat has the effect\nof reserving to a\nparty to the lease\ncomplete\ndiscretion about\nthe rate of rent to\napply—\ncommencement\nday; or\n(b) in any other\ncase—\n\n3 a provision of a lease if—\n(a) the provision was\nvaried or inserted as\npart of a variation;\nand\n(b) the variation\nhappens on or after\n1 January 1995; and\n(c) this Act would\napply to the dispute\nif the lease had been\nentered into or\nextended under an\noption on or after\ncommencement day\n4 a claim by a party to a lease\n(the first party) that another\nparty to the lease has\nengaged in unconscionable\nor harsh and oppressive\nconduct towards the first\nparty, if the conduct would\nbe a contravention of\nsection 22 (1)\n5 a claim by a party to a lease\nfor recovery of possession,\nrelief against forfeiture or\nrecovery of rent\nany time any time\n6 a claim by a party to a lease\nthat the party is entitled to\ncompensation under\nsection 37, 78, 81, 91 or 136\nany time commencement day\n\n7 a matter in relation to which\nan application may be made\nunder section 57, 58, 84, 85,\n87, 98, 99, 105, 123 or 126\nunless this Act\nstates otherwise,\nany time\nunless this Act states\notherwise, any time\n8 any other dispute about a\nlease if the disputed matter is\nof a kind prescribed by\nregulation as suitable for\nresolution under this Act\nthe date\nprescribed by\nregulation in\nrelation to the\nkind of dispute or,\nif prescribed by\nregulation, any\ntime\nthe date prescribed by\nregulation in relation to the\nkind of dispute or, if\nprescribed by regulation,\nany time\n9 a claim by a party to a lease\nthat another party to the lease\nhas breached or is breaching\nthis Act if the breach does\nnot give rise to a dispute or\nclaim under another item\n(other than item 10)\n1 January 1995 commencement day\n10 any other matter not covered\nin column 1 of items 1 to 9\nin relation to a lease or\nnegotiations for entering into\na lease or in relation to the\nuse or occupation of\npremises to which the lease\nrelates\nany time any time\nNote for item 6\nThe sections mentioned in the item deal with the following:\n• s 37—compensation for negotiation misrepresentations\n• s 78—demolition\n• s 81—compensation for disturbance\n• s 91—compensation for incomplete repair\n• s 136—relocation clauses.\n\nNote for item 7\nThe sections mentioned in the item deal with the following:\n• s 57—an application to appoint a new valuer if conflict of interest disclosed\n• s 58—an application to appoint a new valuer in other cases\n• s 84—an application about nonpayment of rent or outgoings\n• s 85—an application about payment of rent or outgoings\n• s 87—an application for a declaration about useability of premises\n• s 98—an application about an unreasonable refusal of consent\n• s 99—an application about the lessor presenting the territory lease to allow endorsement of\nan assignment or sublease\n• s 105—an application to vary the terms of a lease extended because it was less than 5 years\n• s 123—an application for a termination order\n• s 126—an application for a warrant for eviction.\n","sortOrder":16},{"sectionNumber":"18","sectionType":"section","heading":"Disputes about leases no longer in force","content":"18 Disputes about leases no longer in force\nA dispute in relation to a lease that is no longer in force may be\ndecided under this Act only if—\n(a) the lease was a lease to which this Act applies; and\n(b) an application in relation to the dispute is made within 6 years\nafter the day, or the last day, the conduct giving rise to the\ndispute happened.\n\nRelationship between Act and leases Part 4\n","sortOrder":17},{"sectionNumber":"Part 4","sectionType":"part","heading":"Relationship between Act and","content":"Part 4 Relationship between Act and\nleases\n","sortOrder":18},{"sectionNumber":"19","sectionType":"section","heading":"Void provisions","content":"19 Void provisions\nIf a provision in a lease is inconsistent with this Act, the provision is\nvoid to the extent of the inconsistency.\n","sortOrder":19},{"sectionNumber":"20","sectionType":"section","heading":"Included provisions","content":"20 Included provisions\n(1) If a provision of this Act, other than this section, requires a provision\nto be included in a lease, the lease is taken for all purposes to contain\nthe provision required to be included.\nNote Under s 14 (Application to change of use leases), s (1) applies to a change\nof use lease from the time of the change of use of the lease.\n(2) An obligation imposed on a party to a change of use lease that,\nbecause of the application of subsection (1), requires the party to take\naction before the lease is entered into, is taken to be satisfied if the\nparty complies with the obligation to the extent possible within\n14 days after this Act starts to apply to the lease.\nNote A disclosure statement is required to be provided under this Act (see\ns 30), not under a provision taken to be included in the lease under s (1).\nAccordingly, s (2) does not apply to the provision of disclosure\nstatements.\n(3) A lease entered into or renewed, or to which this Act begins to apply,\non or after commencement day is taken for all purposes to include the\nstandard provisions prescribed by regulation for this subsection\nexcept to the extent that the parties are bound by contrary provisions\nin the lease, or a contrary agreement (whether written or unwritten).\n\nPart 4 Relationship between Act and leases\n","sortOrder":20},{"sectionNumber":"21","sectionType":"section","heading":"Recovery of GST","content":"21 Recovery of GST\n(1) This Act does not prevent a party to a lease requiring another party to\npay an amount directly or indirectly attributable to GST payable for\na taxable supply made by the party to the other party under the lease.\n(2) For this section, it does not matter when the lease was entered into.\ntaxable supply—see the A New Tax System (Goods and Services Tax)\nAct 1999 (Cwlth), dictionary.\n\nConduct of parties Part 5\n","sortOrder":21},{"sectionNumber":"22","sectionType":"section","heading":"Prohibited conduct in dealings","content":"22 Prohibited conduct in dealings\n(1) A party to a lease, or a party to negotiations for a proposed lease, must\nnot, in dealings with another party to the lease or negotiations, engage\nin conduct that is unconscionable or harsh and oppressive.\n(2) Without limiting the matters the Magistrates Court may consider\nwhen making an order in relation to a dispute arising from an alleged\ncontravention of subsection (1) in relation to unconscionable conduct,\nthe court may consider any of the following matters:\n(a) the relative strengths of the bargaining positions of the lessor\nand tenant;\n(b) whether, because of conduct engaged in by a party to the lease\nor negotiations, the other party was required to comply with\nconditions that were not reasonably necessary for the protection\nof the legitimate interests of the party who engaged in the\nconduct;\n(c) whether the party to the lease or negotiations who did not\nprepare the lease or another document relating to the lease could\nunderstand the lease or other document;\n(d) whether undue influence or pressure was exerted on, or unfair\ntactics were used against, a party to the lease or negotiations (or\nan agent) by the other party to the lease or negotiations (or an\nagent) in relation to the lease or negotiations;\n(e) the circumstances under which the tenant could have acquired a\nlease on similar terms over similar premises from someone other\nthan the lessor;\n(f) the extent to which the lessor’s conduct towards the tenant was\nconsistent with the lessor’s conduct in similar lease transactions\nbetween the lessor and similar tenants;\n\n(g) the requirements of this Act;\n(h) the extent to which a party to the lease or negotiations\n(the failing party) unreasonably failed to disclose to the other\nparty (the uninformed party)—\n(i) any intended conduct of the failing party that might affect\nthe interests of the uninformed party; or\n(ii) any risk to the uninformed party arising from the failing\nparty’s intended conduct that the failing party should have\nforeseen would not be apparent to the uninformed party;\n(i) the extent to which the lessor and the tenant acted honestly.\n(3) Without limiting subsection (1), a lessor is taken to have engaged in\nharsh and oppressive conduct if—\n(a) the lessor discriminates against a tenant because the tenant is a\nmember of, or intends to become a member of, an association to\nrepresent or protect the interests of tenants, or intends to form\nsuch an association; or\n(b) the lessor’s conduct has the effect of preventing a tenant from\nforming or joining, or compelling a tenant to form or join, an\nassociation to represent or protect the interests of tenants.\n(4) Without limiting subsection (1), someone is not taken to have\nengaged in unconscionable or harsh and oppressive conduct only\nbecause the person applied to the Magistrates Court under this Act.\n(5) When applying subsection (2), the Magistrates Court must not have\nregard to circumstances that were not reasonably foreseeable at the\ntime of the alleged contravention.\n\nConduct of parties Part 5\n","sortOrder":22},{"sectionNumber":"23","sectionType":"section","heading":"Lease costs","content":"23 Lease costs\n(1) Each party to a lease, or negotiations for a lease, must bear the party’s\nown costs in relation to the preparation of the lease.\n(2) However, if a party requires the lease to be registered under the Land\nTitles Act 1925, the party must pay any fee for registration of the\nlease.\n(3) For this section, if the lessor has a mortgagee, lessor’s costs include\nany fee for, or incidental to obtaining, the mortgagee’s consent to the\nlease.\nNote If the lessor requires the lease to be registered, the lessor must pay the\ncosts under s (2) also.\n","sortOrder":23},{"sectionNumber":"24","sectionType":"section","heading":"Notice of acceptance of lease offer","content":"24 Notice of acceptance of lease offer\n(1) If a person accepts a lease offer, the person must tell the other party\nto the lease of the person’s acceptance in writing as soon as\npracticable after acceptance but, in any case, not later than 7 days after\nacceptance.\n(2) The lessor must take all reasonable steps to hasten registration of a\nlease under the Land Titles Act 1925 if—\n(a) the lease offer is accepted; and\n(b) the tenant requires the lease to be registered.\n","sortOrder":24},{"sectionNumber":"25","sectionType":"section","heading":"Provision of copy of lease to tenant","content":"25 Provision of copy of lease to tenant\nIf a lease, or a provision of a lease, is in writing signed by the tenant,\nthe lessor must give the tenant a copy of the lease or provision signed\nby the lessor and tenant—\n(a) if the lease is not to be registered—within 21 days after the lease\nis signed by the lessor and tenant; or\n\n(b) if the lease is to be registered—within 21 days after the lease is\nregistered by the registrar-general.\n26 Independent legal advice\nThe lessor must not require the tenant to use the services of a lawyer\nnominated by the lessor.\n","sortOrder":25},{"sectionNumber":"27","sectionType":"section","heading":"Tenant not required to pay fees","content":"27 Tenant not required to pay fees\nIf the tenant is required, in contravention of section 26, to use the\nservices of a lawyer nominated by the lessor—\n(a) the tenant is not liable to pay fees for the lawyer’s services in\nrelation to the lease; and\n(b) the lessor is liable to pay the tenant the amount of any fee paid\nby the tenant to the lawyer for the services; and\n(c) the lessor is liable to pay any unpaid fee for the lawyer’s services\nthat the tenant is not liable to pay because of paragraph (a).\n\nNegotiations Part 6\n","sortOrder":26},{"sectionNumber":"28","sectionType":"section","heading":"Copy of proposed lease to be provided","content":"28 Copy of proposed lease to be provided\n(1) The lessor must give the tenant a copy of the proposed lease as early\nas practicable in negotiations for the lease.\n(2) Subsection (1) does not require the lessor to give a copy of the\nproposed lease to a tenant if the tenant has given, or indicated an\nintention to give, a copy of the proposed lease to the lessor.\n","sortOrder":27},{"sectionNumber":"29","sectionType":"section","heading":"Notice—short minimum term","content":"29 Notice—short minimum term\nThe lessor must tell the tenant in writing as early as practicable in\nnegotiations for a proposed lease that the lease cannot be extended\nunder section 104 (Minimum 5 year lease) if—\n(a) the proposed term of the lease is less than 5 years; and\n(b) it would be inconsistent with the head lease under which the\nlessor holds the lease to extend the term.\n","sortOrder":28},{"sectionNumber":"30","sectionType":"section","heading":"Disclosure statements","content":"30 Disclosure statements\n(1) This section applies to proposed leases and options to extend a lease.\n(2) The lessor must give the tenant a disclosure statement for the\nproposed lease at least 14 days before the lease is entered into.\n(3) If the lease contains an option to extend the lease, the tenant may, not\nearlier than 3 months before the tenant may exercise the option,\nrequire the lessor to give the tenant a disclosure statement.\n(4) If the tenant requires the lessor to give the tenant a disclosure\nstatement under subsection (3), the lessor must give the statement to\nthe tenant within 14 days.\n\n(5) The time limits mentioned in this section do not apply, or apply as\nvaried, if the tenant provides the lessor with a certificate signed by a\nlawyer stating that the tenant is aware of the time limits under this\nsection and has chosen to waive the time limits, or to vary them as set\nout in the certificate.\n(6) Subsection (5) does not allow a tenant to require more notice from a\nlessor than would otherwise be required under this section.\n","sortOrder":29},{"sectionNumber":"31","sectionType":"section","heading":"Form of disclosure statements","content":"31 Form of disclosure statements\nA disclosure statement must—\n(a) if the lessor’s accounting period is not a financial year—state\nthe accounting period; and\n(b) contain a written estimate of the outgoings the tenant is required\nto contribute to under the lease that itemises the outgoings for\nthe first accounting period of the lessor under the lease.\n","sortOrder":30},{"sectionNumber":"32","sectionType":"section","heading":"Return of disclosure statement","content":"32 Return of disclosure statement\nIf the tenant is given a disclosure statement by the lessor, the tenant\nmust—\n(a) note on the statement the date the tenant receives the statement;\nand\n(b) sign the statement; and\n(c) return it to the lessor on or before the earlier of—\n(i) the time the tenant returns the signed copies of the lease to\nthe lessor; or\n(ii) 3 months after the lease has been entered into.\n\nNegotiations Part 6\n","sortOrder":31},{"sectionNumber":"33","sectionType":"section","heading":"Disclosure statement and acknowledgment not lease or","content":"33 Disclosure statement and acknowledgment not lease or\noffer\nNeither the provision of a disclosure statement nor an\nacknowledgment of receipt of a disclosure statement constitutes a\nlease or an offer to lease.\n","sortOrder":32},{"sectionNumber":"34","sectionType":"section","heading":"Notice of material changes","content":"34 Notice of material changes\nIf the lessor has given the tenant a disclosure statement for a lease and\nbecomes aware of a significant change in the information in the\nstatement before the tenant has signed or extended the lease or entered\ninto possession of the premises, the lessor must quickly tell the tenant\nof the change in writing.\n","sortOrder":33},{"sectionNumber":"35","sectionType":"section","heading":"Notice about handbook","content":"35 Notice about handbook\n(1) The lessor must tell the tenant about the approved handbook—\n(a) if the lease is a change of use lease—as soon as practicable after\nthe change of use; or\n(b) in any other case—as early as practicable in negotiations for the\nlease (but in any case not later than when the lease is entered\ninto).\n(2) For subsection (1), the commissioner for fair trading may approve a\nhandbook (the approved handbook) that helps lessors and tenants to\nunderstand this Act.\n","sortOrder":34},{"sectionNumber":"36","sectionType":"section","heading":"False or misleading representations","content":"36 False or misleading representations\nA party to negotiations for a lease (the representer) must not make a\nrepresentation to another party to the negotiations in the course of the\nnegotiations (including a representation made in a disclosure\nstatement) that the representer knows, or should reasonably know, is\nfalse or misleading in a material particular.\n\n","sortOrder":35},{"sectionNumber":"37","sectionType":"section","heading":"Compensation for negotiation misrepresentations","content":"37 Compensation for negotiation misrepresentations\n(a) a party to negotiations for a lease (the representer) makes a\nrepresentation to another party to the negotiations (the injured\nparty) during the negotiations (including a representation made\nin a disclosure statement) that the representer knows or should\nreasonably know is false or misleading in a material particular;\nand\n(b) a lease is entered into because of the negotiations; and\n(c) the injured party suffers damage because of the representation.\n(2) In addition to any other right the injured party may have, the\nrepresenter is liable to pay reasonable compensation to the injured\nparty for damage suffered because of the representation.\n","sortOrder":36},{"sectionNumber":"38","sectionType":"section","heading":"Key money prohibited","content":"38 Key money prohibited\n(1) The lessor must not ask for or accept key money for—\n(a) the grant of a lease; or\n(b) the extension of a lease under an option; or\n(c) the renewal of a lease; or\n(d) the consent to an assignment, sublease or mortgage of a lease;\nor\n(e) the assignment, sublease or mortgage of a lease.\n(2) If key money is accepted by the lessor in contravention of this section,\nthe amount paid, or the value of the benefit given, to or at the direction\nof the lessor is recoverable as a debt owing by the lessor to the tenant.\n(3) Subsection (2) does not limit any other remedy of the tenant for the\ncontravention.\n\nBonds and guarantees Part 7\n","sortOrder":37},{"sectionNumber":"39","sectionType":"section","heading":"Maximum level of bond","content":"39 Maximum level of bond\n(1) The lessor must not require or accept as a bond an amount more than\nrent payable under the lease for any 3 month period nominated by the\nlessor.\n(2) If the lessor requires payment of more than 3 months rent in advance,\nany advance payment over 3 months rent is taken, for this section, to\nbe bond.\n","sortOrder":38},{"sectionNumber":"40","sectionType":"section","heading":"Guarantees and indemnities","content":"40 Guarantees and indemnities\nThe lessor may accept a guarantee, indemnity or both for the\nperformance of the tenant’s obligations under the lease as well as, or\ninstead of, a bond.\n","sortOrder":39},{"sectionNumber":"41","sectionType":"section","heading":"Bank guarantee as bond","content":"41 Bank guarantee as bond\nThe lessor must not unreasonably refuse to accept a bank guarantee\nin satisfaction of a requirement to provide a bond.\n","sortOrder":40},{"sectionNumber":"42","sectionType":"section","heading":"Dealings with bonds","content":"42 Dealings with bonds\nIf the lessor requires the tenant to pay a bond—\n(a) the bond must be held by the lessor in trust for the tenant in an\naccount that attracts interest; and\n(b) the lessor must account to the tenant for interest earned on the\nbond, but the lessor is entitled to keep the interest and deal with\nit as an amount paid by the tenant to the lessor as part of the\nbond; and\n(c) the lessor may only use the bond money in accordance with\nsection 43.\n\n","sortOrder":41},{"sectionNumber":"43","sectionType":"section","heading":"Deductions from bonds","content":"43 Deductions from bonds\nThe lessor may deduct an amount from a bond paid for a lease only if\nthe amount is owed to the lessor under the lease and deduction of the\namount is not contrary to this Act.\nExamples of deductions from the lease that are not contrary to this Act\n1 the cost of repairs to, or the restoration of, the premises, or goods leased with\nthe premises, necessary because of damage (other than fair wear and tear)\ncaused by the tenant\n2 rent in accordance with the lease and recoverable outgoings\n3 interest, at a reasonable rate, on an amount payable by the tenant but not paid\n4 a reasonable amount (that is not more than the costs incurred) for the cost of\nany legal fees incurred by the lessor in assigning or transferring the tenant’s\nrights under a lease\n5 the amount of insurance premiums payable by the tenant but not paid.\nNote Recoverable outgoings are outgoings recoverable under s 70 (see dict).\n","sortOrder":42},{"sectionNumber":"44","sectionType":"section","heading":"Repayment of bonds","content":"44 Repayment of bonds\n(a) the lessor has required a bond from the tenant; and\n(b) the tenant has provided the bond; and\n(c) the lease is not being extended under an option.\n(2) The lessor must give the tenant the bond and the interest earned on it,\nless any amount deducted by the lessor in accordance with this Act,\nnot later than 30 days after the later of the following:\n(a) the end of the lease;\n(b) the tenant vacating the premises.\n\nBonds and guarantees Part 7\n","sortOrder":43},{"sectionNumber":"45","sectionType":"section","heading":"Return of guarantees","content":"45 Return of guarantees\n(a) the lessor has required a guarantee to secure the tenant’s\nobligations under the lease; and\n(b) the guarantee is not part of the lease; and\n(c) the lease is not being extended under an option; and\n(d) the tenant has performed the obligations secured by the\nguarantee.\n(2) The lessor must return the guarantee document to the tenant not later\nthan 30 days after the later of the following:\n(a) the end of the lease;\n(b) the tenant vacating the premises.\n\n","sortOrder":44},{"sectionNumber":"46","sectionType":"section","heading":"Discretionary rent review","content":"46 Discretionary rent review\nA discretionary rent review clause in a lease is void.\n","sortOrder":45},{"sectionNumber":"47","sectionType":"section","heading":"Frequency of rent reviews","content":"47 Frequency of rent reviews\n(1) A lease provision is void if it allows a change to be made to rent more\nthan once in each 12 month period after the first anniversary of the\ncommencement of the lease.\n(2) However, subsection (1) does not affect—\n(a) a sublease provision that allows the sublessor to pass on to the\nsubtenant an increase in the rent of the head lease; or\n(b) a provision that sets out the steps (whether by amount or\npercentage) that rent will increase by at predetermined times\nduring the lease; or\n(c) a provision that allows a change to be made to rent directly or\nindirectly attributable to GST; or\n(d) a provision that allows abatement of rent; or\n(e) a provision that allows review of rent on the exercise of an\noption to extend the lease; or\n(f) an adjustment to turnover rent allowed under section 63\n(Frequency of adjustments to turnover rent).\n","sortOrder":46},{"sectionNumber":"48","sectionType":"section","heading":"Commencement of payment for rent","content":"48 Commencement of payment for rent\nThe tenant may pay or provide, and the lessor may request or accept\npayment for, rent only if—\n(a) the rent relates to a period from or after the handing over of\n\n(b) unless otherwise agreed, any finish required under the lease to\nbe provided by the lessor has been substantially provided.\n","sortOrder":47},{"sectionNumber":"49","sectionType":"section","heading":"Rent setting or review if lease method void","content":"49 Rent setting or review if lease method void\n(1) The rent under a lease is market rent if—\n(a) the provision of the lease that provides the method of setting or\nreviewing rent under the lease is void because of section 46\n(Discretionary rent review); and\n(b) the lessor or tenant has given the other party to the dispute\nwritten notice that the method is void; and\n(c) the parties cannot, within 14 days after the notice is served, agree\non an alternative basis for setting or reviewing the rent that\nwould not be void if it were a provision in the lease.\nNote For how documents may be served, see the Legislation Act, pt 19.5.\n(2) For subsection (1), the parties may use mediation to try to agree on\nan alternative basis of setting or reviewing the rent.\n(3) Subsection (2) does not prevent the parties from using any other\nmethod to try to reach agreement.\n","sortOrder":48},{"sectionNumber":"50","sectionType":"section","heading":"Lease to state date rent review due","content":"50 Lease to state date rent review due\nNo change may be made to rent, and any purported rent change is\nvoid, if the lease does not—\n(a) state the date each rent review is due; or\n(b) provide a mechanism so the date of each rent review can be\neasily worked out.\n\n","sortOrder":49},{"sectionNumber":"51","sectionType":"section","heading":"Rent on renewal","content":"51 Rent on renewal\n(a) either—\n(i) the lessor proposes to renew the lease and makes an offer\nto the tenant to renew the lease in response to a request\nunder section 107 (Lessor’s intentions about renewal); or\n(ii) the lessor gives the tenant preference under section 108\n(Rules of conduct at end of lease term for shopping centre\nleases) by making an offer to the tenant to renew the lease;\nor\n(b) the lessor otherwise makes a renewal offer to the tenant within\n12 months after the end of the existing lease.\n(2) The lessor must not propose that the rent to be charged initially under\nthe renewed lease exceed the market rent for the premises (other than\nunder an option to renew contained in the lease).\n(3) In this section, a proposal or offer to renew the lease does not include\nan option to renew contained in the lease.\n","sortOrder":50},{"sectionNumber":"52","sectionType":"section","heading":"Market rent—rent reviews, options and renewals","content":"52 Market rent—rent reviews, options and renewals\n(1) Subsection (2) applies in relation to a lease if—\n(a) the lease states that market rent is to be charged for premises; or\n(b) market rent is to be charged for the premises because of\nsection 49 (Rent setting or review if lease method void).\n(2) The lessor or tenant may ask the Magistrates Court to refer a dispute\nabout market rent for the lease for mediation if the lessor and tenant\ncannot agree on the market rent for the premises within 14 days after\neither tells the other that it disputes the proposed rent.\n\n(3) The lessor or tenant may also ask the Magistrates Court to refer a\ndispute about the rent to be paid under a renewal to mediation if—\n(a) the lessor—\n(i) proposes to renew the lease and makes an offer to renew\nthe lease in response to a request under section 107\n(Lessor’s intentions about renewal); or\n(ii) gives the tenant preference under section 108 (Rules of\nconduct at end of lease term for shopping centre leases) by\nmaking an offer to the tenant to renew the lease; or\n(iii) otherwise makes a renewal offer to the tenant before the\nend of 12 months after the end of the existing lease; and\n(b) the tenant accepts the lessor’s offer to renew the lease subject to\nthe rent for the lease being market rent.\n(4) On request under subsection (2) or (3), the Magistrates Court must—\n(a) if the court considers that mediation would not be productive or\nif the parties agree—after consultation with the parties, appoint\na valuer to work out the market rent; or\n(b) refer the dispute to a mediator for mediation.\nNote 1 For the making of appointments (including acting appointments), see the\nLegislation Act, pt 19.3.\nNote 2 In particular, a person may be appointed for a particular provision of a law (see\nLegislation Act, s 7 (3)) and an appointment may be made by naming a person\nor nominating the occupant of a position (see s 207).\n(5) If the Magistrates Court refers a dispute for mediation, the mediator\nmust report the result of the mediation to the court not later than\n28 days after the dispute was referred.\n(6) If the mediator reports to the Magistrates Court that the parties to the\nlease cannot agree on the market rent, the court must, after\nconsultation with the parties, appoint a valuer to work out the market\nrent.\n\n(7) In this section, a proposal or offer to renew the lease does not include\nan option to renew contained in the lease.\n","sortOrder":51},{"sectionNumber":"53","sectionType":"section","heading":"Valuation to work out market rent","content":"53 Valuation to work out market rent\n(1) A valuer appointed under section 52 to work out market rent must\nreport to the Magistrates Court within 28 days after the appointment.\n(2) On receiving a report from the valuer, the Magistrates Court must\ngive the parties to the lease a copy of the report.\n(3) The market rent worked out by the valuer is the rent under the lease\nif the parties fail to agree on a different rent to be charged within\n14 days after being given a copy of the valuer’s report.\n(4) If the parties to a lease enter into an interim agreement about renewing\nor extending the lease—\n(a) the lessor cannot withdraw the offer to renew or extend; and\n(b) the tenant cannot withdraw the acceptance of the offer.\n(5) However, subsection (4) does not apply if the parties agree, after the\ninterim agreement is entered into, that the offer or acceptance may be\nwithdrawn.\n(6) For subsections (4) and (5), an interim agreement is entered into if the\ntenant has accepted the lessor’s offer to renew or extend the lease\nsubject to the rent being market rent and, under section 52 (3),\nrequested the Magistrates Court to refer a dispute about the rent for\nmediation.\n","sortOrder":52},{"sectionNumber":"54","sectionType":"section","heading":"Working out market rent","content":"54 Working out market rent\nA valuer working out the market rent for premises must work out the\nmarket rent in accordance with schedule 1.\n\n","sortOrder":53},{"sectionNumber":"55","sectionType":"section","heading":"Rent pending valuation—rent reviews and options to","content":"55 Rent pending valuation—rent reviews and options to\nextend\nIf the rent for premises is not worked out under section 52 (Market\nrent—rent reviews, options and renewals) or 53 (Valuation to work\nout market rent) before the extension of the lease is to commence or\na rent review is due (the relevant date)—\n(a) the rent continues at the rate charged immediately before the\nrelevant date until the rent has been worked out; and\n(b) once the rent has been worked out and set, the party who owes\nthe other party the difference between the rent paid and the rent\nthat should have been paid must pay the difference to the party\nowed within 30 days after the rent is set.\n","sortOrder":54},{"sectionNumber":"56","sectionType":"section","heading":"Extension if rent on renewal to be worked out","content":"56 Extension if rent on renewal to be worked out\n(a) the rent to be charged under a renewed lease is being worked out\nunder section 52 (Market rent—rent reviews, options and\nrenewals); and\n(b) the lease that is being renewed (the original lease) expires\nbefore the rent has been worked out.\n(2) The original lease is taken to continue on the same terms until 14 days\nafter the rent for the renewed lease is worked out and the parties are\ntold about it.\n","sortOrder":55},{"sectionNumber":"57","sectionType":"section","heading":"Appointment of new valuer if conflict of interest","content":"57 Appointment of new valuer if conflict of interest\ndisclosed\n(1) If a valuer appointed to work out the market rent for a lease has an\ninterest that could conflict with the proper working out of the market\nrent for the lease, the valuer must tell the parties to the lease and the\nMagistrates Court, in writing, about the conflict (including details of\nthe conflict) within 5 days after being appointed to work out the rent.\n\n(2) A party who has been told of a conflict may, within 14 days after\nbeing told, apply to the Magistrates Court for the appointment of a\nnew valuer.\n(3) On application under subsection (2), the Magistrates Court may\ndisqualify the valuer and appoint a new valuer.\nNote 1 For the making of appointments (including acting appointments), see the\nLegislation Act, pt 19.3.\nNote 2 In particular, a person may be appointed for a particular provision of a law (see\nLegislation Act, s 7 (3)) and an appointment may be made by naming a person\nor nominating the occupant of a position (see s 207).\n(4) For this section, the valuer is taken to have an interest that could\nconflict with the proper working out of the market rent for the lease\nif the valuer has or has recently had an interest, whether direct or\nindirect, in commercial property ownership or commercial property\nmanagement.\n(5) Subsection (4) does not limit the circumstances in which the valuer\nhas an interest that could conflict with the proper working out of the\nmarket rent for the lease.\n","sortOrder":56},{"sectionNumber":"58","sectionType":"section","heading":"Appointment of new valuer in other cases","content":"58 Appointment of new valuer in other cases\n(1) A party to a lease may apply to the Magistrates Court for the\nappointment of a new valuer if the party has reasonable grounds for\nbelieving that—\n(a) the valuer appointed to work out the market rent for the lease\nhas failed to comply with section 57; or\n(b) the valuer has failed to conduct a valuation in accordance with\nthis Act.\n(2) On application under subsection (1), the Magistrates Court may\ndisqualify the valuer and appoint a new valuer.\n\n","sortOrder":57},{"sectionNumber":"59","sectionType":"section","heading":"Disclosure of concessions","content":"59 Disclosure of concessions\n(1) If a valuer working out market rent under this Act asks the lessor for\ninformation about any relevant concession the lessor has given to\nanother tenant, the lessor must give the valuer the information.\n(2) If the lessor complies with subsection (1), the lessor—\n(a) is not taken to have committed a breach of confidence or\ncontract by complying with the subsection; and\n(b) is not required to provide information that is otherwise readily\navailable to the valuer.\n","sortOrder":58},{"sectionNumber":"60","sectionType":"section","heading":"Costs of valuations","content":"60 Costs of valuations\n(1) The costs of a valuation carried out for this part must—\n(a) be paid by or apportioned between the parties as the Magistrates\nCourt directs; or\n(b) if the court does not give a direction—be shared equally between\nthe parties.\n(2) In deciding whether it is appropriate to give a direction, the\nMagistrates Court must consider the following:\n(a) the reasonableness of the actions of each party;\n(b) if the valuer has been disqualified—whether the valuer should\nbe paid in full, in part or not at all.\n\n","sortOrder":59},{"sectionNumber":"61","sectionType":"section","heading":"Combination of base and turnover rent acceptable","content":"61 Combination of base and turnover rent acceptable\nThe lessor may charge a combination of base rent and turnover rent.\n","sortOrder":60},{"sectionNumber":"62","sectionType":"section","heading":"Adjustments to turnover rent","content":"62 Adjustments to turnover rent\n(1) A lease that provides for the payment of turnover rent must include a\nprovision to the effect that, within 1 month after receiving a written\nrequest by the lessor or tenant for an adjustment, an underpayment or\noverpayment of turnover rent resulting from actual turnover differing\nfrom estimated turnover must be adjusted by the other party.\n(2) If a party makes a request under subsection (1), the party must provide\nthe party to whom the request was made with any information\nreasonably required to make the adjustment.\n","sortOrder":61},{"sectionNumber":"63","sectionType":"section","heading":"Frequency of adjustments to turnover rent","content":"63 Frequency of adjustments to turnover rent\nUnless the parties to a lease otherwise agree, a party may make a\nrequest under a provision included in a lease because of section 62\nfor adjustment of turnover rent—\n(a) only once in the first year of the lease term; and\n(b) at intervals of not less than 1 year after the first request for an\nadjustment under the lease.\n","sortOrder":62},{"sectionNumber":"64","sectionType":"section","heading":"Working out turnover rent","content":"64 Working out turnover rent\nIn working out turnover rent under a lease, the lessor or tenant must\ntake into account the amount of the tenant’s turnover, less the\nfollowing amounts:\n(a) the amount of a loss incurred in the resale or disposal of goods\nreasonably purchased in the ordinary course of business from a\ncustomer as a trade-in;\n\nTurnover rent Division 8.2\n(b) deposits and instalments received for a lay-by, hire-purchase or\ncredit sale, that are refunded to a customer;\n(c) refunds on a transaction if the proceeds of the transaction have\nbeen included as part of turnover;\n(d) service, finance or interest charges payable by the tenant to a\nfinancier in relation to the provision of credit to customers other\nthan commissions on credit or store cards;\n(e) the price of merchandise exchanged between premises of the\ntenant if the exchange is made only for the convenient operation\nof the tenant’s business and not to conclude a sale made at, in,\nfrom or on the leased premises;\n(f) the price of merchandise returns to shippers, wholesalers or\nmanufacturers;\n(g) the proceeds of sale of the tenant’s fixtures and fittings after their\nuse in the conduct of the business at or from the premises;\n(h) a discount allowed to a customer in the course of business;\n(i) written-off uncollected credit accounts;\n(j) an amount directly or indirectly attributable to GST;\n(k) the net amount paid or payable by the tenant directly or\nindirectly attributable to a purchase tax, receipt tax or other\nsimilar tax imposed at the point of sale or hire of goods or\nservices;\n(l) delivery charges;\n(m) proceeds of goods sold on consignment, other than a\ncommission kept in relation to a sale;\n(n) sales of lottery and similar tickets, other than commissions.\n\n","sortOrder":63},{"sectionNumber":"65","sectionType":"section","heading":"Outgoings—estimates and expenditure statements","content":"65 Outgoings—estimates and expenditure statements\n(1) A lease that provides for payment of outgoings by the tenant must\ninclude a provision requiring the lessor—\n(a) to give the tenant a written estimate (an estimate) of the\noutgoings the tenant is required to contribute to under the lease\nat least 1 month before the start of each accounting period of the\nlessor during the term of the lease; and\n(b) to make a written expenditure statement (a statement) available\nfor examination by the tenant within 1 month after the end of the\naccounting period it relates to.\n(2) The estimate must itemise the outgoings using the same item\ndescriptions used in the list of outgoings in the disclosure statement.\n(3) The statement must contain details of expenditure by the lessor for\noutgoings to which the tenant contributes and must itemise the\noutgoings using the same item descriptions used in the list of\noutgoings in the disclosure statement.\n","sortOrder":64},{"sectionNumber":"66","sectionType":"section","heading":"Outgoings—reports","content":"66 Outgoings—reports\n(1) A lease that provides for payment by the tenant for outgoings must\ninclude—\n(a) a provision requiring the lessor to give the tenant a written report\n(a report) within 3 months after the end of the accounting period\nthe report relates to; and\n(b) provisions to the effect of subsections (2) to (4).\n\n(2) A report must—\n(a) be prepared by an auditor on a cash accounting basis unless the\ndisclosure statement or lease provides for another accounting\nmethod to be used; and\nExample—accounting method\naccrual accounting\n(b) contain details of the lessor’s spending on outgoings that the\ntenant contributed to in the accounting period; and\n(c) include a statement by the auditor about whether or not—\n(i) the outgoings the tenant contributed to were recoverable\noutgoings; and\n(ii) the outgoings the tenant contributed to (that is, the\nestimated spending by the lessor on outgoings for the lease)\nwas more than the amount spent by the lessor on outgoings\nin the accounting period.\n(3) A report may relate to more than 1 tenant provided that each tenant it\nrelates to can work out from the report whether or not the amounts\npaid by the tenant in relation to outgoings were recoverable\noutgoings.\n(4) A report need not comply with subsection (2) (a) and (c) if—\n(a) the report only relates to 1 or more of the following outgoings:\n(i) water, sewerage and drainage rates and charges;\n(ii) other rates and statutory charges;\n(iii) insurance;\n(iv) a contribution paid to a corporation in accordance with a\ndetermination under the Unit Titles (Management)\nAct 2011, section 78 (General fund—contributions), to the\nextent that the contribution is used, or is to be used, for an\noutgoing mentioned in subparagraphs (i) to (iii); and\n\n(b) the report is accompanied by—\n(i) copies of receipts for all expenditure by the lessor\nmentioned in paragraph (a) (i) to (iii); and\n(ii) if the report relates to an outgoing mentioned in\nparagraph (a) (iv)—a copy of the minutes of the owners\ncorporation that state the extent to which the contributions\nto the general fund are to be, or have been, used for an\noutgoing mentioned in paragraph (a) (i) to (iii), or\nequivalent evidence of the use of the contributions.\n","sortOrder":65},{"sectionNumber":"67","sectionType":"section","heading":"Adjustment of contributions to outgoings","content":"67 Adjustment of contributions to outgoings\n(1) If a lease requires the tenant to contribute to outgoings, the lease must\ninclude a provision to the effect that, within 3 months after the end of\neach period for which the tenant contributes to outgoings under the\nlease (the payment period), there must be an adjustment between the\nlessor and the tenant to take account of an underpayment or\noverpayment (if any) by the tenant in relation to the outgoings.\n(2) The lease must also provide that the adjustment is the difference\nbetween—\n(a) the amount paid by the tenant for the estimated expenditure by\nthe lessor on outgoings during the payment period; and\n(b) the amount spent by the lessor for recoverable outgoings during\nthe payment period to the extent that the lessor properly and\nreasonably incurred the expenditure.\n(3) In subsection (2) (b):\namount spent—if a lessor is using an accrual method of accounting,\nthe amount spent by a lessor during a period includes a debt accrued\nby the lessor during the period.\n\n","sortOrder":66},{"sectionNumber":"68","sectionType":"section","heading":"Methods of accounting","content":"68 Methods of accounting\n(1) If a lease requires accounts to be produced for outgoings, the lease\nmay include a provision (a method provision) stating whether the\naccounts must be produced using a cash or accrual method of\naccounting.\n(2) If the lease does not include a method provision, accounts for\noutgoings under the lease must be produced using a cash method of\naccounting until the lessor tells the tenant otherwise in writing.\n","sortOrder":67},{"sectionNumber":"69","sectionType":"section","heading":"Commencement of payment for outgoings","content":"69 Commencement of payment for outgoings\nThe tenant may pay or provide, and the lessor may request or\naccept payment for, outgoings only if—\n(a) the outgoings relate to a period from or after the handing over of\n(b) unless otherwise agreed, any finish required under the lease to\nbe provided by the lessor has been substantially provided.\n","sortOrder":68},{"sectionNumber":"70","sectionType":"section","heading":"Recoverable outgoings","content":"70 Recoverable outgoings\n(1) The lessor may only recover the following outgoings in relation to\nleased premises from the tenant:\n(a) an amount that is a reasonable expense directly related to the\noperation of, or a reasonable expense of repairing or\nmaintaining—\n(i) for premises located in the retail area of a shopping\ncentre—an area used for or in connection with the retail\narea of the shopping centre that contains the premises; or\n(ii) in any other case—the building that contains the premises;\n\n(b) rates, taxes, levies or other statutory charges payable by the\nlessor because the lessor is the lessor or occupier of the building\nthat contains the premises, or the lessor of the land on which the\nbuilding is located;\n(c) in relation to premises located in the retail area of a shopping\ncentre—an amount that is a reasonable cost of promoting the\npremises or centre;\n(d) an outgoing for expenditure incurred in obtaining statistical\ninformation.\n(2) However, if the accounting system used by the lessor is a cash\naccounting system, the lessor may only recover from a tenant an\noutgoing mentioned in subsection (1) (a) or (b) if the expenditure is\nmade during the term of the lease.\n(3) Also, a lessor may not recover an outgoing from a tenant in relation\nto premises if the lessor has already recovered the outgoing from a\nprevious tenant of the premises under a different accounting system.\n(4) Further, subsection (1) (a) (ii) does not allow the lessor to recover\nfrom the tenant an outgoing in relation to premises that are usually\nleased but are currently unleased.\n","sortOrder":69},{"sectionNumber":"71","sectionType":"section","heading":"Recovery of outgoings","content":"71 Recovery of outgoings\nThe tenant under a lease is liable to pay an amount to the lessor for\noutgoings only if—\n(a) the nature of the outgoings was stated in the disclosure statement\nprovided to the tenant; and\n(b) the lease states—\n(i) the outgoings that may be recovered by the lessor; and\n(ii) how the amount of the outgoings will be worked out and\napportioned to the tenant; and\n\n(iii) how the outgoings or part of them may be recovered by the\nlessor from the tenant; and\n(c) the outgoings are recoverable outgoings.\n","sortOrder":70},{"sectionNumber":"72","sectionType":"section","heading":"Retail areas of shopping centres—waiving auditor’s","content":"72 Retail areas of shopping centres—waiving auditor’s\nreport\n(1) If a majority of the tenants in the retail area of a shopping centre agree\nto waive the requirement for the preparation of an auditor’s report\ndealing with outgoings for a provision included in a lease because of\nsection 65 (Outgoings—estimates and expenditure statements), the\nlessor is not required to provide an auditor’s report under that\nprovision for any tenant in the shopping centre—\n(a) for the period agreed by the tenants; or\n(b) if no period is agreed by the tenants—for the accounting period\nin which the agreement is reached and subsequent accounting\nperiods, until a majority of the tenants agree otherwise.\n(2) For subsection (1)—\n(a) a tenant is not taken to have agreed to waive the requirement for\nthe preparation of an auditor’s report only because the lease\nincludes a term agreeing to the waiving of the requirement; and\n(b) to work out whether a majority of the tenants agree to waive the\nrequirement for the preparation of an auditor’s report, 1 vote is\ncounted for each lease for premises in the retail area of the\nshopping centre.\n\n","sortOrder":71},{"sectionNumber":"Part 10","sectionType":"part","heading":"Building alterations and related","content":"Part 10 Building alterations and related\nmatters\n","sortOrder":72},{"sectionNumber":"73","sectionType":"section","heading":"Employment restriction","content":"73 Employment restriction\n(1) A lease provision is void if it limits, or has the effect of limiting, a\ntenant’s right to employ people chosen by the tenant.\n(2) Subsection (1) does not prevent a lease containing provisions to the\neffect of any of the following:\n(a) a provision specifying reasonable minimum standards of\ncompetence and behaviour for people employed on the premises\nor others working on the premises;\nExample—others\ncontractors\n(b) a provision prohibiting work being carried out on named\nproperty of the lessor;\n(c) a provision requiring the tenant to comply with the requirements\nof an industrial award, industrial agreement or enterprise\nagreement affecting the shopping centre containing the\nExample—enterprise agreement\na construction site agreement\n","sortOrder":73},{"sectionNumber":"74","sectionType":"section","heading":"Refurbishment of premises","content":"74 Refurbishment of premises\nA lease provision is void if it requires the tenant to refurbish or refit\npremises, but does not give the details necessary to generally indicate\nthe nature, extent and timing of the refurbishment or refit.\n\n","sortOrder":74},{"sectionNumber":"75","sectionType":"section","heading":"Undisclosed contributions","content":"75 Undisclosed contributions\nA lease provision is void if it requires the tenant to pay for or\ncontribute towards the cost of a finish, fixture, fittings, equipment or\nservice, unless the requirement to make the payment or contribution\nwas in the disclosure statement.\n","sortOrder":75},{"sectionNumber":"76","sectionType":"section","heading":"Capital costs","content":"76 Capital costs\nA lease provision is void if it requires the tenant to pay an amount for\nthe capital costs—\n(a) of the building containing the leased premises; or\n(b) for premises in the retail area of a shopping centre—of a\nbuilding in the shopping centre or an area used in association\nwith a building in a shopping centre.\n","sortOrder":76},{"sectionNumber":"77","sectionType":"section","heading":"Depreciation","content":"77 Depreciation\nA lease provision is void if it requires the tenant to pay an amount for\ndepreciation.\n","sortOrder":77},{"sectionNumber":"78","sectionType":"section","heading":"Demolition","content":"78 Demolition\nA lease that provides for termination of the lease because of the\nproposed demolition of the building containing the premises must\ninclude provisions to the effect of all of the following:\n(a) the lease cannot be terminated because of the proposed\ndemolition unless the lessor has given the tenant sufficient\ndetails of the proposed demolition to indicate a genuine proposal\nto demolish the building within a reasonable time after the lease\nis to be terminated;\n\n(b) the lease cannot be terminated by the lessor because of the\nproposed demolition unless—\n(i) if the lease is for a term of up to 1 year—the lessor has\ngiven the tenant at least 3 months written notice of the\nlessor’s intention to terminate; or\n(ii) in any other case—the lessor has given the tenant at least\n6 months written notice of the lessor’s intention to\nterminate;\n(c) if the lease is terminated because of the proposed demolition\nbefore the end of the term of the lease—the lessor must pay the\ntenant reasonable compensation for any loss of the tenant arising\nfrom the termination of the lease whether or not the lessor goes\nahead with the demolition of the building;\n(d) in working out reasonable compensation for paragraph (c),\nregard must be had to any concession given to the tenant because\nof the existence in the lease of the clause allowing for\ntermination because of the proposed demolition.\n","sortOrder":78},{"sectionNumber":"79","sectionType":"section","heading":"Alterations and refurbishments to or affecting premises","content":"79 Alterations and refurbishments to or affecting premises\n(1) Subject to section 80, the lessor must tell the tenant about alterations\nto, or the refurbishment of, the shopping centre or building containing\nthe tenant’s premises if the tenant is likely to be materially affected\nby the alterations or refurbishment.\n(2) The lessor is taken to have told the tenant about an alteration or\nrefurbishment if notice of the alteration or refurbishment—\n(a) is in writing; and\n\n(b) includes details of the proposed alterations or refurbishment and\nthe measures (if any) that will be taken by the lessor to minimise\nthe effect of the alterations or refurbishment on the tenant’s\npremises; and\n(c) is given to the tenant at least 2 months before the alteration or\nrefurbishment starts.\n","sortOrder":79},{"sectionNumber":"80","sectionType":"section","heading":"Emergency alterations","content":"80 Emergency alterations\nIf an alteration or refurbishment results from an emergency, the lessor\nmust give the affected tenant notice of the alteration or refurbishment\nthat is reasonable in the circumstances.\n","sortOrder":80},{"sectionNumber":"81","sectionType":"section","heading":"Compensation for disturbance","content":"81 Compensation for disturbance\n(1) The lessor is liable to pay the tenant reasonable compensation for loss\nor damage (other than nominal loss or damage) suffered by the tenant\nif the lessor—\n(a) materially inhibits access by the tenant to the premises; or\n(b) takes action that would materially inhibit or alter the flow of\ncustomers to the premises; or\n(c) fails to fix a breakdown of plant or equipment under the lessor’s\ncare and maintenance as soon as practicable; or\n(d) for premises located in the retail area of a shopping centre—does\nnot adequately clean, maintain or repair the shopping centre\n(including common areas); or\n(e) otherwise adversely affects the trade of the tenant by the lessor’s\nconduct without reasonable cause, whether by act or omission.\n\n(2) The lessor is not liable to pay the tenant compensation in relation to\nan action of the lessor mentioned in subsection (1) (a) or (b) if—\n(a) the action was a reasonable response to an emergency or in\ncompliance with a statutory requirement or a lawful direction of\na government entity; and\n(b) the emergency was not caused by, or the requirement or lawful\ndirection did not apply because of, any neglect or failure of the\nlessor.\n","sortOrder":81},{"sectionNumber":"82","sectionType":"section","heading":"Compensation to reflect any concessions","content":"82 Compensation to reflect any concessions\nIn working out reasonable compensation for section 81, any\nconcession given to the tenant based on the disturbance, or likelihood\nof disturbance, of the tenant’s trade must be taken into account.\n","sortOrder":82},{"sectionNumber":"83","sectionType":"section","heading":"Shopping centre enlargement not grounds for","content":"83 Shopping centre enlargement not grounds for\ncompensation\nA tenant of premises in the retail area of a shopping centre is not\nentitled to compensation under section 81 (Compensation for\ndisturbance) only because—\n(a) the shopping centre is enlarged; or\n(b) there is a change in the mix of tenants who hold leases in the\nshopping centre.\n","sortOrder":83},{"sectionNumber":"84","sectionType":"section","heading":"Damaged premises unable to be used","content":"84 Damaged premises unable to be used\n(a) leased premises are, or the building containing the premises is,\ndamaged; and\n(b) the premises cannot be used for their normal purpose because of\nthe damage.\n\n(2) The tenant is not required to pay rent or outgoings under the lease\nwhile the premises cannot be used unless the Magistrates Court\ndecides otherwise.\n(3) The lessor may apply to the Magistrates Court for an order for\npayment (in full or in part) of rent or outgoings if—\n(a) the damage to the premises or building was caused (fully or\npartly) by an act or omission of the tenant; or\n(b) the lessor is unable to claim insurance for the damage because\nthe tenant has invalidated the lessor’s insurance.\n(4) This section does not apply to the extent (if any) to which the lessor\nand tenant agree to the payment, or reduced payment, of rent or\noutgoings after the premises are, or the building is, damaged.\n","sortOrder":84},{"sectionNumber":"85","sectionType":"section","heading":"Damaged premises able to be used","content":"85 Damaged premises able to be used\n(a) leased premises are, or the building containing the premises is,\ndamaged; and\n(b) the tenant can use the premises (fully or in part) for their normal\npurpose despite the damage.\n(2) The tenant must not refuse to pay rent or outgoings while the premises\nare, or the building is, damaged unless the Magistrates Court decides\notherwise.\n(3) The tenant may apply to the Magistrates Court for an order for\npayment of a lower amount of rent or outgoings than is required by\nthe lessor.\n(4) This section does not apply to the extent (if any) to which the lessor\nand tenant agree to the payment, or reduced payment, of rent or\noutgoings after the premises are, or the building is, damaged.\n\n","sortOrder":85},{"sectionNumber":"86","sectionType":"section","heading":"Dispute about payment or nonpayment of rent and","content":"86 Dispute about payment or nonpayment of rent and\noutgoings\n(a) the lessor applies to the Magistrates Court about nonpayment\nunder section 84 (Damaged premises unable to be used); or\n(b) the tenant applies to the court about payment of rent under\nsection 85.\n(2) The Magistrates Court may decide the application on its merits and is\nnot bound by section 84 or section 85.\n","sortOrder":86},{"sectionNumber":"87","sectionType":"section","heading":"Dispute about useability of damaged premises","content":"87 Dispute about useability of damaged premises\n(1) If there is a dispute about whether leased premises have been\ndamaged, or the building containing the premises has been damaged,\nso that the leased premises cannot be used for their normal purpose,\na party to the lease may apply to the Magistrates Court for a\ndeclaration about whether the premises can or cannot be used for their\nnormal purpose because of the damage.\n(2) For this section, premises can be used for their normal purpose if they\ncan be used fully or partly for their normal purpose.\n(3) This section does not apply in relation to the use of premises during\na period (if any) for which the lessor and tenant have agreed to the\npayment, or reduced payment, of rent or outgoings.\n","sortOrder":87},{"sectionNumber":"88","sectionType":"section","heading":"Notice of lessor’s intentions regarding repair","content":"88 Notice of lessor’s intentions regarding repair\nIf leased premises are, or a building that contains the premises is,\ndamaged in a material way, the lessor must tell the tenant in writing,\nwithin 2 months after the day, or last day, the damage happened—\n(a) that the lessor reasonably considers repair of the premises or\nbuilding is impracticable, and intends not to repair the premises\nor building; or\n\n(b) that the lessor intends to repair or reinstate the premises or\nbuilding between starting and finishing dates approximately\nstated in the notice.\n","sortOrder":88},{"sectionNumber":"89","sectionType":"section","heading":"Termination by lessor because of damage","content":"89 Termination by lessor because of damage\n(1) The lessor may terminate a lease by giving at least 30 days notice of\nhis or her intention to terminate if—\n(a) the premises have, or a building containing the premises\n(the building) has, been damaged; and\n(b) the lessor has told the tenant under section 88 (a) that the lessor\ndoes not intend to repair the premises or building; and\n(c) either—\n(i) the premises or building has to be, or has been, demolished\nbecause of the damage; or\n(ii) the damage extends to more than 50% of the premises or\nbuilding; or\n(iii) it is impracticable for the lessor to repair or reinstate the\npremises or building, acting reasonably and promptly,\nwithin 1 year after the day, or last day, the damage\nhappened; or\n(iv) the premises cannot be used because of the damage, the\nlease is due to expire within 2 years after the day, or last\nday, the damage happened and the lease contains no option\nfor extension.\n(2) No compensation is payable for termination under this section.\n\n","sortOrder":89},{"sectionNumber":"90","sectionType":"section","heading":"Termination by tenant because of damage","content":"90 Termination by tenant because of damage\n(1) The tenant may terminate a lease by giving at least 30 days notice of\nthe tenant’s intention to terminate if—\n(a) the premises have, or a building containing the premises\n(the building) has, been damaged in a material way; and\n(b) either—\n(i) the lessor tells the tenant under section 88 (a) (Notice of\nlessor’s intentions regarding repair) that the lessor does not\nintend to repair the damage; or\n(ii) the lessor tells the tenant under section 88 (b) that the lessor\nintends to repair or reinstate the premises or building (the\nplan) but unreasonably departs from, or takes no\nreasonable action in relation to, the plan; or\n(iii) the premises will not be able to be used for their normal\npurpose within a reasonable period, or for more than\n1 year, after the day, or last day, the damage happened.\n(2) No compensation is payable for termination under this section.\n","sortOrder":90},{"sectionNumber":"91","sectionType":"section","heading":"Compensation for incomplete repair","content":"91 Compensation for incomplete repair\n(a) the lessor fails to comply with section 88 (Notice of lessor’s\nintentions regarding repair); or\n(b) the tenant relies on the lessor’s advice under section 88 that the\nlessor intends to repair damage to premises or to a building\ncontaining the premises.\n\n(2) The lessor is liable to pay the tenant compensation for loss or damage\n(other than nominal loss or damage) suffered because of the lessor’s\nfailure—\n(a) to comply with section 88; or\n(b) to repair the premises within the period the lessor told the tenant\nthe premises would be repaired, or within a reasonable time after\nthe end of that period.\n","sortOrder":91},{"sectionNumber":"92","sectionType":"section","heading":"Agreement to terminate","content":"92 Agreement to terminate\nSection 88 (Notice of lessor’s intentions regarding repair), section 89\n(Termination by lessor because of damage) and section 91 do not\nprevent the parties to a lease terminating the lease by agreement if—\n(a) the premises are, or a building containing the premises is,\ndamaged or destroyed; and\n(b) the agreement is reached after the premises or building are\ndamaged or destroyed.\n\n","sortOrder":92},{"sectionNumber":"Part 11","sectionType":"part","heading":"Assignments, subleases and","content":"Part 11 Assignments, subleases and\nmortgages\n","sortOrder":93},{"sectionNumber":"93","sectionType":"section","heading":"Provision of disclosure statement by tenant","content":"93 Provision of disclosure statement by tenant\n(1) Before asking for the lessor’s consent to assign or sublet a lease under\nsection 95 (Request for consent to assignment, sublease or mortgage),\nthe tenant must give a prospective assignee or subtenant a copy of the\ndisclosure statement (if any) given to the tenant in relation to the\nlease, together with details of any material change that has happened\nin the information contained in the statement since it was given to the\ntenant.\n(2) Subsection (1) only requires a tenant to give details of a material\nchange of which the tenant is aware or could reasonably be expected\nto be aware.\n","sortOrder":94},{"sectionNumber":"94","sectionType":"section","heading":"Lessor to provide disclosure statement","content":"94 Lessor to provide disclosure statement\nIf the tenant does not have, or have access to, a copy of a disclosure\nstatement required to be given under section 93—\n(a) the tenant may ask the lessor to give the tenant a copy of the\ndisclosure statement for the lease to allow the tenant to provide\na copy to a proposed assignee or subtenant; and\n(b) the lessor must not, without reasonable excuse, fail to comply\nwith the request within 14 days after receiving it.\n\n","sortOrder":95},{"sectionNumber":"95","sectionType":"section","heading":"Request for consent to assignment, sublease or","content":"95 Request for consent to assignment, sublease or\nmortgage\nIf the tenant complies with section 93 (Provision of disclosure\nstatement by tenant), the tenant may, in writing, ask the lessor to agree\nto—\n(a) the assignment of the lease; or\n(b) the grant by the tenant of a sublease for the premises; or\n(c) the mortgage of the lease.\n","sortOrder":96},{"sectionNumber":"96","sectionType":"section","heading":"Lessor may require relevant information and documents","content":"96 Lessor may require relevant information and documents\n(1) Within 14 days after receiving a request under section 95, or after a\nfurther period agreed by the parties, the lessor may, in writing, ask\nthe tenant to provide the lessor with further information or\ndocuments.\n(2) If the tenant’s request is for consent to an assignment or sublease, the\nlessor may only request 1 or more of the following:\n(a) information about the financial standing of the prospective\nassignee or subtenant, including details of any approved finance\nof the prospective assignee or subtenant;\n(b) information about the financial standing of any prospective\nguarantor for the prospective assignee or subtenant;\n(c) a certificate of occupancy for the premises;\n(d) information about the business skills of the prospective assignee\nor subtenant;\n(e) information about the proposed use of the premises by the\nprospective assignee or subtenant;\n(f) references relating to the ability of the prospective assignee or\nsubtenant to operate the business, or proposed business, on the\n\n(3) If the tenant’s request is for consent to the mortgage of the lease, the\nlessor may only request 1 or more of the following:\n(a) information about the identity and financial standing of the\nproposed mortgagee;\n(b) details of the loan or other obligation to be secured by the\nmortgage including, if applicable, the amount of the loan, the\npurpose to which it is proposed the loan amount be used, the\nterm of the loan, the repayment schedule for the loan and the\npowers that may be exercised by the mortgagee under the\nmortgage.\n","sortOrder":97},{"sectionNumber":"97","sectionType":"section","heading":"Mortgagees and head lessors","content":"97 Mortgagees and head lessors\n(1) This section applies if the lessor—\n(a) receives a request from the tenant under section 95 (Request for\nconsent to assignment, sublease or mortgage); and\n(b) has a mortgagee, head lessor or both; and\n(c) is required under the mortgage or head lease to obtain the\nconsent of the mortgagee or head lessor to the assignment,\nsublease or mortgage of the lease.\n(2) The lessor must tell the lessor’s mortgagee, head lessor or both that\nthe request has been made and of the terms of the request as soon as\npracticable after receiving the request.\n(3) If the lessor’s mortgagee or head lessor requires further information\nor documents that the lessor may request under section 96, the lessor\nmust ask the tenant for the information or documents and give them\nto the person who required them.\n(4) If the lessor’s mortgagee or head lessor refuses to consent to the\ntenant’s request, the mortgagee or head lessor must tell the lessor and\ntenant in writing within 14 days after being told of the request, or after\na further period agreed between the parties.\n\n(5) A refusal under subsection (4) must include the reason for refusal.\n(6) The lessor’s mortgagee or head lessor is taken to have consented to\nthe tenant’s request if the mortgagee or head lessor fails to give the\nlessor and tenant written notice of consent or refusal to consent to the\nrequest by the latest of the following:\n(a) 14 days after being told of the request;\n(b) if the mortgagee or head lessor asked for information or a\ndocument under section 96—14 days after receiving the\ninformation or document;\n(c) if a further period has been agreed under subsection (4)—the end\nof that further period.\n","sortOrder":98},{"sectionNumber":"98","sectionType":"section","heading":"Unreasonable refusal by mortgagee or head lessor","content":"98 Unreasonable refusal by mortgagee or head lessor\n(1) If the lessor’s mortgagee or head lessor refuses to consent to the\ntenant’s request under section 95 (Request for consent to assignment,\nsublease or mortgage), the lessor or tenant may, within 14 days after\nbeing given the refusal, apply to the Magistrates Court to have the\nrefusal overturned.\n(2) The only ground for overturning a refusal is that the refusal is\nunreasonable.\n","sortOrder":99},{"sectionNumber":"99","sectionType":"section","heading":"Lessor’s consent or refusal","content":"99 Lessor’s consent or refusal\n(1) This section applies if the tenant makes a request under section 95\n(Request for consent to assignment, sublease or mortgage).\n\n(2) The lessor must consent or refuse to consent to the request by written\nnotice to the tenant within 28 days after receiving the request, or after\na further period agreed between the parties, unless the lessor asks for\nfurther information or documents under section 96 (1) (Lessor may\nrequire relevant information and documents).\nNote 1 Section 100 (Refusal to consent to assignment or sublease) and s 101\n(Refusal to consent to mortgage of lease) set out the criteria for refusal to\nconsent.\nNote 2 For how documents may be given, see the Legislation Act, pt 19.5.\n(3) If the lessor asks for further information or documents, the lessor must\nconsent or refuse to consent by written notice to the tenant within\n21 days after receiving the information requested, or after a further\nperiod agreed between the parties.\n(4) However, the lessor is taken to have consented to the request if—\n(a) the lessor fails to give written notice of the lessor’s consent or\nrefusal to consent under subsection (1) or (2); and\n(b) the head lessor or mortgagee (if any) has not given a refusal\nnotice to the tenant under section 97 (Mortgagees and head\nlessors).\n(5) The Magistrates Court may, on application by the tenant, order the\nperson in possession of the territory lease for the land that includes\nthe leased premises to present the lease to the registrar-general to\nallow endorsement of the assignment or sublease if—\n(a) the lessor is taken to consent to the request; and\n(b) the territory lease is necessary for registration.\n","sortOrder":100},{"sectionNumber":"100","sectionType":"section","heading":"Refusal to consent to assignment or sublease","content":"100 Refusal to consent to assignment or sublease\n(1) The lessor may refuse consent to the assignment of a lease or granting\nof a sublease requested under section 95 (Request for consent to\nassignment, sublease or mortgage) only if it is reasonable in all the\ncircumstances to do so.\n\n(2) For subsection (1), the lessor’s refusal is taken to be reasonable if the\nlessor has reasonable grounds for believing that—\n(a) the prospective assignee or subtenant intends to use the premises\nfor a purpose not allowed under the lease; or\n(b) the prospective assignee or subtenant (taking into consideration\ninformation about any proposed guarantor for the assignee or\nsubtenant) does not have the financial resources to run the\nbusiness; or\n(c) the tenant cannot produce a current certificate of occupancy for\nthe premises; or\n(d) the prospective assignee or subtenant does not have adequate\nskills to run the business; or\n(e) the prospective assignee or subtenant, or the business conducted\nby the prospective assignee or subtenant, will not be compatible\nwith other tenants in the building containing the premises; or\n(f) the tenant has failed to rectify a breach of the lease (other than a\nbreach that has been waived by the lessor).\n(3) If the lessor withholds consent on a ground not mentioned in\nsubsection (2), the lessor has the burden of establishing that refusal to\nconsent is reasonable.\n(4) This section does not authorise anything that would, if it were not\nauthorised, contravene the Competition and Consumer Act 2010\n(Cwlth), part 4.\n(5) In this section:\nbusiness includes proposed business.\n\n","sortOrder":101},{"sectionNumber":"101","sectionType":"section","heading":"Refusal to consent to mortgage of lease","content":"101 Refusal to consent to mortgage of lease\nThe lessor may refuse to consent to the mortgage of a lease requested\nunder section 95 (Request for consent to assignment, sublease or\nmortgage) only if the lessor has reasonable grounds for believing that\nthe tenant—\n(a) is not financially sound; or\n(b) does not have the capacity to service the proposed loan; or\n(c) cannot otherwise meet the tenant’s obligations under the\nmortgage.\n","sortOrder":102},{"sectionNumber":"102","sectionType":"section","heading":"Lessor may recover costs","content":"102 Lessor may recover costs\n(1) The lessor may recover from the tenant the reasonable costs of legal\nor other expenses incurred in making a decision about whether to\nconsent to an assignment, sublease or mortgage.\n(2) A request for recovery under subsection (1) must be made in writing\nwithin 6 months after the giving, or refusing, of consent to the\nassignment, sublease or mortgage.\n(3) If the tenant asks the lessor in writing to substantiate costs sought to\nbe recovered, the lessor may not recover the costs until they are\nsubstantiated.\n","sortOrder":103},{"sectionNumber":"103","sectionType":"section","heading":"Tenant and guarantor released from liability","content":"103 Tenant and guarantor released from liability\nThe tenant and any guarantor of the tenant are released from further\nobligations under the lease if the lease is assigned under this part.\n\nExtension Division 12.1\n","sortOrder":104},{"sectionNumber":"Part 12","sectionType":"part","heading":"Extension, renewal and","content":"Part 12 Extension, renewal and\ntermination of leases\n","sortOrder":105},{"sectionNumber":"104","sectionType":"section","heading":"Minimum 5 year lease","content":"104 Minimum 5 year lease\n(a) the total term for which a lease is entered into is less than\n5 years; and\n(b) the tenant was not, before entering into the lease, independently\nadvised about the effect of this section; and\n(c) an extension of the term of the lease would not be—\n(i) inconsistent with the head lease under which the lessor\nholds the lease; or\n(ii) unlawful.\n(2) The tenant has the right to the extension of the lease so that the total\nterm of the lease is 5 years, subject to this section.\n(3) The tenant may, not later than 90 days before the end of the term of\nthe lease—\n(a) exercise the right of extension by written notice to the lessor;\nand\n(b) either—\n(i) ask the lessor to take reasonable steps to register the\nextended lease with the registrar-general; or\n(ii) lodge a caveat on the title of the land that contains the\npremises under the Land Titles Act 1925, section 104\n(Lodging of caveat).\n\n(4) The lessor must take all reasonable steps to register the extended lease\nif asked to under subsection (3).\n(5) The extension of a lease under this section has no effect until the\ntenant has made a request or lodged a caveat under subsection (3).\n(6) For this section—\n(a) a tenant is taken to have been independently advised about the\neffect of this section if, before entering into the lease, the tenant\nwas so advised by a lawyer who was not acting for, or nominated\nby, the lessor; and\n(b) in the absence of evidence to the contrary, a written statement\nby a lawyer certifying that the lawyer has, at the request of the\ntenant, explained the effect of this section to the tenant and, in\nparticular, that the giving of the certificate will result in the\ntenant being unable to use this section to increase the total term\nof the lease to 5 years, is conclusive evidence of the facts in the\nstatement.\n(7) This section does not apply to—\n(a) a lease granted under an option to extend a previous lease if—\n(i) there was no break in the entitlement of the tenant to\n(ii) the option was granted by the earlier lease or by an\nagreement entered into before or at the same time as the\nearlier lease was entered into; or\n(b) a change of use lease; or\n(c) a continuous occupation lease.\n\nExtension Division 12.1\n(8) In this section:\ntotal term, for a lease, means the length of the term of the lease and—\n(a) any further term provided for by an agreement if the agreement\nwas entered into before or at the same time the lease was entered\ninto; and\n(b) any further term to which the tenant is entitled by an extension\nof the lease, if the option was given before or at the same time\nthe lease was entered into.\n","sortOrder":106},{"sectionNumber":"105","sectionType":"section","heading":"Terms of extended leases","content":"105 Terms of extended leases\n(1) This section applies if a lease is extended under section 104.\n(2) The lease has the same provisions as it had before the extension,\nsubject to any change necessary because the lease has been extended,\nunless—\n(a) the lessor and tenant agree otherwise; or\n(b) the Magistrates Court orders otherwise.\n(3) The Magistrates Court may make an order varying the terms of the\nextension on application by a party to the lease made within 14 days\nafter the tenant exercises the right to extend the lease.\n(4) The applicant must tell the other party about the application.\n(5) If the Magistrates Court makes an order varying the provisions of the\nextension, the variation takes effect on the day stated in the order or,\nif no day is stated, when the order is made.\n\n","sortOrder":107},{"sectionNumber":"106","sectionType":"section","heading":"Objects of div 12.2","content":"106 Objects of div 12.2\n(1) The Legislative Assembly recognises that conflicts sometimes\nhappen between a lessor’s expectation that the lessor will be able to\ndeal with the leased premises subject only to the terms of the lease\nand a tenant’s expectations of reasonable security of tenure.\n(2) The objects of this division are to achieve an appropriate balance\nbetween reasonable but conflicting expectations and to ensure fair\ndealing, as far as practicable, between lessor and tenant in relation to\nthe renewal or extension of premises.\n","sortOrder":108},{"sectionNumber":"107","sectionType":"section","heading":"Lessor’s intentions about renewal","content":"107 Lessor’s intentions about renewal\n(1) This section applies to all leases.\n(2) The tenant may, in writing, ask the lessor to tell the tenant whether\nthe lessor intends to renew the lease if—\n(a) for a lease for longer than 1 year—the lease is due to end in not\nless than 6 months and not longer than 1 year; or\n(b) in any other case—the lease is due to end in not less than\n3 months and not longer than 6 months.\n(3) If the lessor receives a request under subsection (2) on a day\n(the request day), the lessor must tell the tenant, in writing within\n1 month after the request day, either that—\n(a) the lessor proposes to renew the lease; or\n(b) the lessor does not propose to renew the lease.\n(4) If the lessor fails to notify the tenant under subsection (3), the lease is\nextended by a period equal to the period starting 1 month after the\nrequest day and ending when the lessor gives the tenant a notice that,\napart from being late, complies with subsection (3).\n\nRenewal Division 12.2\n","sortOrder":109},{"sectionNumber":"108","sectionType":"section","heading":"Rules of conduct at end of lease term for shopping centre","content":"108 Rules of conduct at end of lease term for shopping centre\nleases\n(1) This section applies to a lease for premises in the retail area of a\nshopping centre if the lessor proposes to re-lease the premises and the\ntenant wants to renew or extend the lease.\n(2) The lessor must allow the tenant to renew or extend the lease in\npreference to allowing other possible tenants to lease the premises.\n(3) The lessor must assume that the tenant wants to renew or extend the\nlease unless the tenant has told the lessor, in writing within 12 months\nbefore the end of the lease, that the tenant does not want to renew or\nextend the lease.\n(4) The lessor may offer to lease the premises to someone other than the\ntenant only if it would be substantially more advantageous to the\nlessor to lease the premises to the other person rather than renew or\nextend the term of the lease.\n(5) However, the lessor is not obliged to prefer the tenant under this\nsection if—\n(a) the lessor reasonably wants to change the tenancy mix within\nthe shopping centre; or\n(b) the tenant has breached the lease substantially or persistently; or\n(c) the lessor—\n(i) does not propose to re-lease the premises within a period\nof at least 6 months after the end of the term of the lease;\nand\n(ii) needs vacant possession of the premises during that period\nfor the lessor’s own purposes (but not to carry on a business\nof the same kind as the business carried on by the tenant at\nthe premises).\n\n(6) Also, this section does not apply in relation to the lease if—\n(a) section 111 applies in relation to the lease; or\n(b) if the lease is a sublease—the sublease is as long as the term of\nthe head lease allows; or\n(c) the lease arises when the tenant holds over after the end of an\nearlier lease with the consent of the lessor and the holding over\nis for 6 months or less; or\n(d) the lease is excluded from this section by regulation.\nNote This Act does not apply to leases with a term of less than 6 months unless\nthey are continuous occupation leases (see s 12 (2) (c)).\n","sortOrder":110},{"sectionNumber":"109","sectionType":"section","heading":"Implementation of preferential right","content":"109 Implementation of preferential right\n(1) If the tenant has a right of preference, the lessor must, at least\n6 months (but not more than 12 months) before the end of the term of\nthe lease, begin negotiations with the tenant for a renewal of the lease.\nNote Renewal of a lease includes extension of the lease (see dict).\n(2) In particular, before agreeing to enter into a lease with someone else,\nthe lessor must—\n(a) make a written offer, expressed to be made under this section, to\nrenew the lease with the tenant on terms no less favourable to\nthe tenant than those of the lease proposed to be entered into\nwith the other person; and\n(b) provide the tenant with a copy of the proposed lease (as renewed\nor extended) and the disclosure statement or proposed disclosure\nstatement required in relation to it.\n(3) If the lessor offers to renew the lease under this section—\n(a) the offer remains open for the period stated in the offer\n(the acceptance period) or until its earlier acceptance; and\n\nRenewal Division 12.2\n(b) the tenant must tell the lessor in writing within the acceptance\nperiod whether the tenant accepts the offer; and\n(c) if the tenant does not tell the lessor in writing within the\nacceptance period that the tenant accepts the offer—the offer\nlapses.\n(4) The acceptance period must be a reasonable period (at least\n10 business days) after the offer is made.\n(5) The negotiations must continue until—\n(a) the tenant rejects an offer under this section (or the offer lapses);\nor\n(b) the tenant tells the lessor in writing that the tenant does not want\nto continue negotiations for a renewal of the lease.\n(6) The negotiations must be conducted honestly.\n","sortOrder":111},{"sectionNumber":"110","sectionType":"section","heading":"Notice of absence of right of preference","content":"110 Notice of absence of right of preference\n(1) If the tenant does not have a right of preference, the lessor must, by\nwritten notice—\n(a) tell the tenant that the tenant does not have a right of preference;\nand\n(b) explain why the tenant does not have a right of preference.\nNote Section 108 (5) and (6) sets out the circumstances in which the tenant\ndoes not have a right to a preference.\n(2) The lessor must give the notice to the tenant—\n(a) at least 6 months, but not more than 12 months, before the end\nof the term of the lease; or\n\n(b) if the term of the lease is 12 months or less—at least 3 months,\nbut not more than 6 months, before the end of the term.\n","sortOrder":112},{"sectionNumber":"111","sectionType":"section","heading":"Certified exclusionary clauses","content":"111 Certified exclusionary clauses\n(1) Section 108 may be excluded in relation to a lease by a certified\nexclusionary clause.\n(2) A certified exclusionary clause is a provision of a lease in relation to\nwhich a certificate signed by an independent lawyer is endorsed on\nthe lease to the effect that—\n(a) before the lease was signed and at the tenant’s request, the\nlawyer explained the effect of the provision and how section 108\nwould apply in relation to the lease if the lease did not include\nthe provision; and\n(b) the tenant told the lawyer that the tenant was not acting under\ncoercion or undue influence in asking for or agreeing to the\ninclusion of the provision in the lease.\n(3) For this section, an independent lawyer is a lawyer who is not acting\nfor the lessor.\n","sortOrder":113},{"sectionNumber":"112","sectionType":"section","heading":"Fair dealing between lessor and tenant about renewal of","content":"112 Fair dealing between lessor and tenant about renewal of\nshopping centre lease\n(1) If the lessor fails to comply with section 108 (Rules of conduct at end\nof lease term for shopping centre leases) in relation to premises in the\nretail area of a shopping centre and the tenant is prejudiced by the\nfailure, the tenant may apply to the Magistrates Court.\nNote Under s 52 (Market rent—rent reviews, options and renewals) the lessor\nor tenant may ask the Magistrates Court to refer a dispute about the rent\nto be paid under a renewal to mediation.\n(2) On application under this section, the Magistrates Court may make\nany order it considers appropriate.\n\nTermination generally Division 12.3\n(3) Without limiting subsection (2), the Magistrates Court may—\n(a) order the lessor to renew or extend the lease, or to enter into a\nnew lease with the tenant, on terms approved by the court (but\nnot to the prejudice of the rights of a third-party who has\nhonestly acquired an interest in the premises); or\n(b) order the lessor to pay compensation (not more than 6 months\nrent under the lease) to the tenant.\n","sortOrder":114},{"sectionNumber":"113","sectionType":"section","heading":"Other rights etc unaffected by termination","content":"113 Other rights etc unaffected by termination\n(1) The termination of a lease under division 12.4 (Termination by\ntenant) or division 12.5 (Termination by lessor) does not affect a\nright, privilege or liability existing under, or because of, the lease\nimmediately before its termination.\n(2) Unless the parties otherwise agree (otherwise than by a provision of\nthe lease), subsection (1) is not affected by—\n(a) the lessor not contesting a termination notice under\ndivision 12.4; or\n(b) the tenant agreeing to a termination under division 12.5 or not\ncontesting a termination under that division; or\n(c) the termination of the lease by agreement between the parties\n(otherwise than by a provision of the lease).\n","sortOrder":115},{"sectionNumber":"114","sectionType":"section","heading":"Termination by agreement","content":"114 Termination by agreement\n","sortOrder":116},{"sectionNumber":"Div 12","sectionType":"division","heading":"4 and division 12.5 do not prevent the termination of the","content":"Division 12.4 and division 12.5 do not prevent the termination of the\nlease by agreement between the parties (otherwise than by a provision\nof the lease).\n\n","sortOrder":117},{"sectionNumber":"115","sectionType":"section","heading":"Abandonment","content":"115 Abandonment\n(1) If the tenant abandons the premises, the lease terminates on\nabandonment.\n(2) If the tenant abandons the premises before the end of the lease, the\nlessor may apply to the Magistrates Court for—\n(a) an order declaring the lessor’s right to enter the premises to\nrecover possession of them; and\n(b) compensation for any damage caused to the lessor because of\nthe abandonment, including the reasonable costs of advertising\nthe premises for lease and of giving a right to occupy the\npremises to someone else.\n(3) In working out the amount of compensation that may be awarded\nunder this section in relation to costs, the Magistrates Court must have\nregard to—\n(a) when, apart from the abandonment, the lease would have ended;\nand\n(b) whether the lessor would have incurred the costs at the end of\nthe lease.\n(4) The lessor is not entitled to be compensated under this section for a\nloss that could reasonably have been avoided by the lessor.\n(5) This section does not limit any right of the lessor to enter abandoned\npremises without a declaration under subsection (2) (a).\nExample of when lessor may enter abandoned premises without declaration.\nas a reasonable response to an emergency situation\n\nTermination by tenant Division 12.4\n","sortOrder":118},{"sectionNumber":"116","sectionType":"section","heading":"Tenant’s right to terminate extended lease","content":"116 Tenant’s right to terminate extended lease\n(1) If a lease is extended because of section 107, the tenant may terminate\nthe lease by giving the lessor at least 1 month’s written notice of\ntermination at any time after the day the lease would have expired if\nit had not been extended.\n(2) Subsection (1) does not prevent a tenant from terminating a lease by\ngiving less than 1 month’s written notice of termination if the lessor\nagrees to accept less notice.\n","sortOrder":119},{"sectionNumber":"117","sectionType":"section","heading":"Right to terminate—no disclosure statement etc","content":"117 Right to terminate—no disclosure statement etc\nIn addition to any other right the tenant has, the tenant may, within\n3 months after the day the lease is entered into, terminate the lease by\ngiving the lessor at least 14 days written notice of termination if the\nlessor—\n(a) fails to provide a disclosure statement; or\n(b) provides a disclosure statement that is false or misleading in a\nmaterial particular; or\n(c) omits a material particular from a disclosure statement.\n","sortOrder":120},{"sectionNumber":"118","sectionType":"section","heading":"Failure to notify material change in disclosure statement","content":"118 Failure to notify material change in disclosure statement\nIn addition to any other right the tenant has, the tenant may, within\n3 months after a lease is entered into, terminate the lease by giving\nthe lessor 14 days written notice of termination if the lessor—\n(a) failed to tell the tenant under section 34 (Notice of material\nchanges) of a material change in information provided in a\ndisclosure statement relating to the lease; or\n\n(b) provided notice under that section that omitted a material\nparticular or contained information that the lessor knew, or\nshould reasonably have known, was false or misleading in a\nmaterial particular.\n","sortOrder":121},{"sectionNumber":"119","sectionType":"section","heading":"Lessor may contest termination","content":"119 Lessor may contest termination\n(1) The lessor may, within 14 days after being served with a termination\nnotice, contest the termination by application to the Magistrates\nCourt.\n(2) The only ground for contesting a termination under this section is\nthat—\n(a) the lessor acted honestly and reasonably and ought reasonably\nto be excused for doing the thing that constituted the ground for\ntermination under section 117 (Right to terminate—no\ndisclosure statement etc) or section 118 (Failure to notify\nmaterial change in disclosure statement); and\n(b) the tenant is substantially in as good a position as the tenant\nwould have been in had the lessor not done the thing.\n","sortOrder":122},{"sectionNumber":"120","sectionType":"section","heading":"Effect of uncontested termination notice","content":"120 Effect of uncontested termination notice\nIf the lessor does not contest a termination notice within 14 days after\nthe notice was served on the lessor, the notice takes effect 15 days\nafter service.\n","sortOrder":123},{"sectionNumber":"121","sectionType":"section","heading":"Effect of contested termination notice","content":"121 Effect of contested termination notice\nDespite section 117 (Right to terminate—no disclosure statement etc)\nand section 118 (Failure to notify material change in disclosure\nstatement), if a termination notice is contested under this part—\n(a) the notice does not have effect unless it is confirmed by the\nMagistrates Court; and\n\n(b) if the notice is confirmed—the notice has effect on the day stated\nby the court or, if no day is stated, on confirmation.\n","sortOrder":124},{"sectionNumber":"122","sectionType":"section","heading":"Procedure for termination of lease by lessor etc","content":"122 Procedure for termination of lease by lessor etc\n(1) If the lessor has a right to terminate the lease, the lessor may give\nwritten notice of termination to the tenant (the termination notice).\n(2) Within 14 days after being given the termination notice (the allowed\nperiod), the tenant may—\n(a) contest the termination by application to the Magistrates Court;\nor\n(b) agree to the termination by written notice to the lessor.\n(3) The termination takes effect in accordance with the terms of the\ntermination notice if, within the allowed period, the tenant—\n(a) does not contest the termination by application to the\nMagistrates Court; or\n(b) agrees to the termination by written notice to the lessor.\n(4) If the tenant contests the termination by application to the Magistrates\nCourt within the allowed period—\n(a) the termination does not have effect unless it is confirmed by the\nMagistrates Court; and\n(b) if the termination is confirmed—it has effect on the day ordered\nby the court.\n(5) The lease may be terminated by the lessor only in accordance with\nthis section.\n\n(6) If the tenant is in possession of the premises, the lessor may enter the\npremises to recover possession of the premises only—\n(a) under a court order or warrant; or\n(b) if the lease has been terminated in accordance with this section.\n","sortOrder":125},{"sectionNumber":"123","sectionType":"section","heading":"Confirmation of contested termination","content":"123 Confirmation of contested termination\n(1) If the tenant applies to the Magistrates Court under section 122 to\ncontest the termination of the lease by the lessor, the court may\nconfirm the termination if satisfied that—\n(a) a ground (the termination ground) exists for the lessor to\nterminate the lease; and\n(b) the act or omission that gave rise to the termination ground\n(the breach) is an act or omission of the tenant or a subtenant;\nand\n(c) the lessor had given the tenant notice of the breach and a\nreasonable opportunity to remedy it; and\nNote For the requirement to give a tenant notice of a breach, see the Civil\nLaw (Property) Act 2006, s 426 (1).\n(d) the termination ground justifies confirming the termination.\n(2) Without limiting what is a reasonable opportunity under\nsubsection (1) (c), the tenant is taken to have been given a reasonable\nopportunity to remedy the breach of an obligation to pay an amount\nif the tenant is allowed 14 days to pay the amount.\n(3) However, the Magistrates Court may refuse to confirm the\ntermination even if satisfied about the matters mentioned in\nsubsection (1) if—\n(a) the breach has been remedied; or\n(b) the tenant gives an undertaking that the tenant will remedy the\nbreach within 14 days.\n\n(4) The Magistrates Court may suspend the order confirming the\ntermination for not longer than 21 days if satisfied that—\n(a) the immediate operation of the order would cause significant\nhardship to the tenant; and\n(b) the hardship to the tenant would be greater than the hardship that\nthe suspension would cause to the lessor.\n(5) The Magistrates Court may suspend the order under subsection (4)\nonly once.\n","sortOrder":126},{"sectionNumber":"124","sectionType":"section","heading":"Confirmation of uncontested termination","content":"124 Confirmation of uncontested termination\n(a) the lessor has given the tenant a termination notice under\nsection 122 (1) (Procedure for termination of lease by lessor\netc); and\n(b) the tenant has not contested the termination, or agreed to the\ntermination, under section 122 (2).\n(2) The lessor may apply to the Magistrates Court for confirmation of the\ntermination.\n(3) The Magistrates Court may confirm the termination if it considers\nthat the termination is reasonable in the circumstances.\n","sortOrder":127},{"sectionNumber":"125","sectionType":"section","heading":"Content of termination orders","content":"125 Content of termination orders\n(1) An order under section 123 (Confirmation of contested termination)\nor section 124 (Confirmation of uncontested termination) confirming\nthe termination of the lease must state—\n(a) the day the lease is or was terminated; and\n(b) that, if the tenant has not already vacated the premises, the tenant\nmust vacate the premises on or before that day; and\n\n(c) that, if the tenant has not already vacated the premises and does\nnot vacate the premises on or before that day, either—\n(i) the lessor may apply to the Magistrates Court for the issue\nof a warrant for the eviction of the tenant; or\n(ii) the order will have effect as if it were a warrant for\neviction.\n(2) If the order states that it will have effect as if it were a warrant for\neviction, the order must comply with section 126 as if it were a\nwarrant for eviction under this division.\n","sortOrder":128},{"sectionNumber":"126","sectionType":"section","heading":"Content of warrants for eviction","content":"126 Content of warrants for eviction\n(1) A warrant for eviction under this division in relation to a lease must—\n(a) authorise a designated officer to take appropriate action to evict\nthe tenant within the time stated in the warrant; and\n(b) require the designated officer to give the tenant at least 2 days\nnotice of the proposed eviction.\n(2) The designated officer may ask a police officer to take action, or help\nthe designated officer, to enforce the warrant.\n(3) For this section:\ndesignated officer means someone responsible for taking action on\nwarrants issued by the Magistrates Court.\n\n","sortOrder":129},{"sectionNumber":"127","sectionType":"section","heading":"Issue of warrants for eviction","content":"127 Issue of warrants for eviction\nOn application by the lessor, the Magistrates Court must issue a\nwarrant for eviction in relation to the lease if—\n(a) the court has made an order under section 123 (Confirmation of\ncontested termination) or section 124 (Confirmation of\nuncontested termination) confirming termination of the lease;\nand\n(b) the order stated that, if the tenant did not vacate the premises as\nrequired, the lessor could apply to the Magistrates Court for the\nissue of a warrant for the eviction of the tenant; and\n(c) the tenant did not vacate the premises as required and continues\nto occupy the premises in contravention of the order.\n\n","sortOrder":130},{"sectionNumber":"128","sectionType":"section","heading":"Application of pt 13","content":"128 Application of pt 13\nThis part applies to leases for premises in the retail areas of shopping\ncentres.\n","sortOrder":131},{"sectionNumber":"129","sectionType":"section","heading":"Provision and use of turnover figures","content":"129 Provision and use of turnover figures\n(1) The lessor must not require the tenant to supply periodic turnover\nfigures unless the lease provides that rent is to be worked out by\nreference to turnover.\n(2) The lessor must not divulge or communicate a tenant’s periodic\nturnover figures to anyone except—\n(a) to the tenant or tenant’s guarantor; or\n(b) with the consent of the tenant or the tenant’s guarantor; or\n(c) in a document giving aggregate turnover information about a\nshopping centre or part of a shopping centre in a way that does\nnot disclose information about the turnover of an individual\ntenant’s business; or\n(d) to a court or tribunal; or\n(e) for mediation, a hearing or valuation for this Act; or\n(f) in compliance with a requirement made under this or another\nlaw or an order of a court; or\n(g) to the lessor’s professional advisers; or\nExample—professional advisers\nlegal or financial advisers\n(h) to a financial institution to allow the lessor to obtain or continue\nto receive financial accommodation or to comply with a\ncondition imposed by the financial institution in relation to a\nfinancial accommodation; or\n\n(i) honestly to a prospective purchaser of the shopping centre or\npart of the shopping centre.\n(3) A person who receives information under this section may only use\nthe information for the purpose for which it was given and may not\nfurther disclose the information except with the tenant’s consent.\n","sortOrder":132},{"sectionNumber":"130","sectionType":"section","heading":"Statistical information to be available to tenant","content":"130 Statistical information to be available to tenant\nIf a lease requires the tenant to pay an amount for outgoings for\nexpenditure incurred in obtaining statistical information, the lease\nmust include a provision to the effect that the lessor must make the\nstatistical analysis of the information obtained by the lessor available\nto the tenant in a form that does not identify a particular tenant.\n","sortOrder":133},{"sectionNumber":"131","sectionType":"section","heading":"Advertising and promotion levy—new leases","content":"131 Advertising and promotion levy—new leases\n(1) This section applies to the lessor’s first accounting period under a new\nlease, whether it is a full accounting period or the remainder of an\naccounting period.\n(2) If the lease requires the tenant to pay an amount to the lessor for\nadvertising and promotion costs, the amount can be levied only if,\nbefore the lease was entered into, the lessor made available to the\ntenant a marketing plan giving details of the lessor’s proposed\nexpenditure on advertising and promotion during the accounting\nperiod or remainder of the accounting period.\n(3) If the lessor fails to substantially comply with subsection (2), the\ntenant is not liable to pay an amount for advertising and promotion\ncosts and may recover any amount already paid for those costs.\n\n","sortOrder":134},{"sectionNumber":"132","sectionType":"section","heading":"Advertising and promotion levy—other leases","content":"132 Advertising and promotion levy—other leases\n(1) This section applies to the lessor’s accounting periods after the first\naccounting period under a lease.\n(2) If the lease requires the tenant to pay an amount to the lessor for\nadvertising and promotion costs, the lessor can only levy the amount\nif—\n(a) at least 1 month before the start of each accounting period of the\nlessor—the lessor makes available to the tenant a marketing plan\nthat gives details of the lessor’s proposed expenditure on\nadvertising and promotion during the accounting period and\nindicates the amount (if any) previously levied for advertising\nor promotional purposes but not spent; or\n(b) if the amount relates to an opening promotion for the relevant\nshopping centre—at least 1 month before the opening\npromotion, the lessor makes details of the proposed expenditure\non the promotion available to the tenant.\n(3) If the lessor fails to substantially comply with subsection (2), the\ntenant is not liable to pay an amount for advertising and promotion\ncosts and may recover any amount already paid for those costs—\n(a) for costs relating to an opening promotion of the shopping\ncentre—if the details were not made available to the tenant in\naccordance with subsection (2) (b); or\n(b) in any other case—if no expenditure plan has been provided.\n","sortOrder":135},{"sectionNumber":"133","sectionType":"section","heading":"Amount not spent to be kept for benefit of tenants","content":"133 Amount not spent to be kept for benefit of tenants\nAn amount paid by the tenant for an advertising and promotion levy\nthat is not spent within the lessor’s accounting period must be kept by\nthe lessor in a fund for the benefit of tenants to be used for future\nexpenditure on advertising or promotion of the shopping centre.\n\n","sortOrder":136},{"sectionNumber":"134","sectionType":"section","heading":"Non-specific outgoings contribution","content":"134 Non-specific outgoings contribution\n(1) The tenant is only liable to contribute to an outgoing to the extent that\nit is referable to the tenant’s premises.\n(2) The tenant is not liable to contribute more than an amount calculated\nby multiplying the total amount of the outgoing by the ratio of the\nlettable area of the tenant’s premises to the total of the lettable areas\nof all the premises in the retail area of the shopping centre to which\nthe outgoing is referable.\n(3) For this section, an outgoing is referable to premises if the premises\nbenefit from, or share the benefit resulting from, the outgoing.\n","sortOrder":137},{"sectionNumber":"135","sectionType":"section","heading":"Consultation before redevelopment","content":"135 Consultation before redevelopment\n(1) The lessor must not redevelop the shopping centre, or part of the\nshopping centre, unless the lessor has consulted with the tenants about\nthe proposed redevelopment.\n(2) The lessor is taken to have consulted about a proposed redevelopment\nif the lessor conducts a meeting about the proposal and—\n(a) the tenants are invited to the meeting; and\n(b) the lessor gives reasonable notice of the meeting; and\n(c) the lessor distributes a written summary of the proposed\nredevelopment at or before the meeting; and\n(d) the meeting takes place before a final decision is made to\nredevelop.\n(3) The lessor is taken to have consulted about a proposed redevelopment\nif—\n(a) the lessor gives a written summary of the proposed\nredevelopment to the tenants within a reasonable time before the\ndecision is made to redevelop; and\n(b) seeks submissions in relation to it.\n\n(4) For this section:\nredevelop, for a shopping centre, means—\n(a) refurbish, if the refurbishment proposed is likely to cost more\nthan 10% of the value of the shopping centre; or\n(b) substantially reconstruct the shopping centre; or\n(c) construct additional retail space at the shopping centre so that\nthe lettable area of the shopping centre is increased by more\nthan 10%.\nrepresentative body includes a body—\n(a) whether incorporated or not; and\n(b) whether specially created to consider the proposed\nredevelopment or not.\n","sortOrder":138},{"sectionNumber":"136","sectionType":"section","heading":"Relocation clauses","content":"136 Relocation clauses\n(1) A lease that allows the tenant to be relocated within the shopping\ncentre must include provisions to the effect of the following:\n(a) if the lessor intends to relocate the tenant—the lessor must give\nthe tenant at least 3 months written notice of the relocation\n(the relocation notice) and include an offer to provide\nalternative comparable premises (the alternative premises) for a\nperiod equivalent to the unexpired term of the existing lease on\nterms no less favourable than those applying to the premises\noriginally leased;\n(b) the tenant may give written notice to the lessor within 1 month\nafter receiving the relocation notice of the tenant’s intention to\nterminate the lease, and if the tenant does, the termination takes\neffect 3 months after the relocation notice was received by the\ntenant, unless the parties otherwise agree;\n\n(c) if the tenant accepts the offer of the alternative premises made\nin the relocation notice—the lessor must give the tenant a new\nlease in accordance with the offer;\n(d) the lessor must pay the tenant’s reasonable costs of relocation\nand pay reasonable compensation to the tenant for any other loss\nor damage incurred by the tenant because of the relocation;\n(e) in working out what is reasonable compensation consideration\nmust be given to any concession given to the tenant because the\nlease contains a relocation provision.\n(2) In subsection (1):\ncomparable premises include premises that have not yet been built.\n","sortOrder":139},{"sectionNumber":"137","sectionType":"section","heading":"No relocation other than for repairs, refurbishment,","content":"137 No relocation other than for repairs, refurbishment,\nredevelopment or extension\nA provision in a lease that allows the tenant to be relocated other than\nso the lessor can repair, refurbish, redevelop or extend the shopping\ncentre is void.\n","sortOrder":140},{"sectionNumber":"138","sectionType":"section","heading":"Relocation for repairs, refurbishment, redevelopment or","content":"138 Relocation for repairs, refurbishment, redevelopment or\nextension\n(1) The lessor must not use a provision of a lease that allows the tenant\nto be relocated within the shopping centre because of proposed\nrepairs or a proposed refurbishment, redevelopment or extension\nunless—\n(a) the proposed repairs, refurbishment, redevelopment or\nextension of the shopping centre that contains the tenant’s\npremises cannot practicably be carried out without vacant\npossession of the tenant’s premises; and\n\n(b) the lessor presents the tenant with a plan for the repairs,\nrefurbishment, redevelopment or extension.\n(2) If the lessor uses a provision of a lease that allows the tenant to be\nrelocated within the shopping centre, the lessor must ensure that the\nproposed repairs, refurbishment, redevelopment or extension is\ncarried out within a reasonable time after the relocation of the tenant.\n","sortOrder":141},{"sectionNumber":"139","sectionType":"section","heading":"Changing core trading hours","content":"139 Changing core trading hours\n(1) The lessor is not entitled to change the core trading hours of the\nshopping centre without the written approval of the majority of\ntenants of premises in the retail area of the shopping centre (whether\nor not the premises are premises to which this Act otherwise applies).\n(2) The initial fixing of core trading hours in a new shopping centre is\nnot a change to core trading hours and is not affected by this section.\n","sortOrder":142},{"sectionNumber":"140","sectionType":"section","heading":"Tenants trading outside core trading hours","content":"140 Tenants trading outside core trading hours\n(1) The tenant may trade outside the core trading hours of the shopping\ncentre with the lessor’s agreement provided that the tenant meets the\ncosts associated with opening and operating the shopping centre for\nthe additional hours, including any costs of advertising and\npromotion.\n(2) A cost met by the tenant under subsection (1) must be proportionate\nhaving regard to the costs of opening and operating the shopping\ncentre and the number of other tenants who are trading outside the\ncore trading hours with the tenant.\n","sortOrder":143},{"sectionNumber":"141","sectionType":"section","heading":"Geographical restrictions void","content":"141 Geographical restrictions void\n(1) A provision of a lease that has the effect of preventing or restricting\nthe tenant from carrying on business outside the shopping centre\ncontaining the tenant’s premises during, or after the end of, the lease\nis void.\n\n(2) Subsection (1) does not prevent a lease from containing a provision\nthat prevents the use of the name of a shopping centre in connection\nwith a business carried on outside the shopping centre.\n","sortOrder":144},{"sectionNumber":"142","sectionType":"section","heading":"No termination for inadequate sales","content":"142 No termination for inadequate sales\nA provision in a lease that allows the lessor to terminate the lease\nbecause the tenant or the business of the tenant has failed to achieve\nadequate or stated sales or turnover performance is void.\n\n","sortOrder":145},{"sectionNumber":"143","sectionType":"section","heading":"Definitions for pt 14","content":"143 Definitions for pt 14\nIn this part:\ndispute, in relation to an application, means the dispute to which the\napplication relates.\nparty, to an application, means a party to the proceeding on the\napplication.\n","sortOrder":146},{"sectionNumber":"144","sectionType":"section","heading":"Jurisdiction","content":"144 Jurisdiction\n(1) The Magistrates Court has jurisdiction to hear and decide applications\nunder this Act.\n(2) The jurisdiction of the Magistrates Court for this Act is not affected\nby the amount claimed in an application and the Magistrates Court is\nnot limited in any amount it can order to be paid in relation to the\napplication.\n(3) The Magistrates Court may, when acting within the jurisdiction given\nunder this Act—\n(a) exercise any power that could be exercised by the court under\nthe Magistrates Court Act 1930, chapter 4 (Civil proceedings);\nand\nNote A reference to an Act includes a reference to the statutory instruments\nmade or in force under the Act, including regulations and rules (see\nLegislation Act, s 104).\n(b) exercise any other power necessary or convenient for the\nexercise of this jurisdiction, including the power to—\n(i) make preliminary and procedural orders and give\ninterlocutory directions; and\n(ii) make orders to enforce relief, redress or a remedy.\n\nDispute resolution Part 14\n","sortOrder":147},{"sectionNumber":"145","sectionType":"section","heading":"Applications that may be made","content":"145 Applications that may be made\n(1) An application may be made in relation to a dispute to which this Act\napplies.\nNote Section 17 sets out the disputes to which this Act applies.\n(2) An application in relation to a dispute to which this Act applies cannot\nbe made under the Magistrates Court Act 1930, chapter 4 (Civil\nproceedings)\nNote A reference to an Act includes a reference to the statutory instruments\nmade or in force under the Act, including regulations and rules (see\nLegislation Act, s 104).\n","sortOrder":148},{"sectionNumber":"146","sectionType":"section","heading":"Timing of rental applications","content":"146 Timing of rental applications\n(1) An application by a tenant in relation to a rent increase must be made\nat least 28 days before the increase is proposed to take effect, unless\nthe Magistrates Court waives this requirement.\n(2) However, the Magistrates Court may hear an application relating to a\nproposed rental rate increase made less than 28 days before the day\nthe increase is proposed to take effect, if satisfied that—\n(a) the application is late because of special circumstances; and\n(b) to hear the application would not place the lessor in a\nsignificantly worse position than the lessor would have been had\nthe tenant applied at least 28 days before the day the increase is\nproposed to take effect.\n","sortOrder":149},{"sectionNumber":"147","sectionType":"section","heading":"Action on receiving application","content":"147 Action on receiving application\n(1) The Magistrates Court must hold a case management meeting with\nthe parties for each application it receives.\n(2) The purpose of the case management meeting is—\n(a) to assess the likelihood of the parties resolving the dispute\nbefore the proceeding is heard; and\n\n(b) to direct the hearing of the application as a result of the\nassessment.\n","sortOrder":150},{"sectionNumber":"148","sectionType":"section","heading":"Resolution of dispute likely","content":"148 Resolution of dispute likely\nIf, at a case management meeting for an application, the Magistrates\nCourt considers it likely that the parties may resolve the dispute, the\ncourt—\n(a) must promote the settlement of the dispute (either at the meeting\nor by referral to other dispute resolution mechanisms); and\n(b) may adjourn the proceeding to a stated date, or for a stated\nperiod, to allow the parties to settle the dispute.\nExamples of other dispute resolution mechanisms\n1 mediation\n2 conciliation\n3 facilitation\n4 early neutral evaluation\n5 arbitration.\n","sortOrder":151},{"sectionNumber":"149","sectionType":"section","heading":"Resolution of dispute unlikely","content":"149 Resolution of dispute unlikely\n(1) If, at a case management meeting for an application, the Magistrates\nCourt considers it unlikely that the parties may resolve the dispute,\nthe court must give directions about how the proceeding will be\nconducted.\n(2) In deciding what direction to give for the proceeding, the Magistrates\nCourt must endeavour to facilitate—\n(a) hearing the dispute as quickly as possible; and\n(b) keeping costs for the parties as low as practicable.\n\nDispute resolution Part 14\n","sortOrder":152},{"sectionNumber":"150","sectionType":"section","heading":"Hearings","content":"150 Hearings\nThe Magistrates Court must, when hearing a proceeding—\n(a) act as quickly as possible; and\n(b) ensure, as far as practicable, that all relevant material is\ndisclosed to the court to allow it to decide the matters in dispute.\n","sortOrder":153},{"sectionNumber":"151","sectionType":"section","heading":"Procedures","content":"151 Procedures\n(1) The Magistrates Court may decide its own procedures.\n(2) Without limiting subsection (1), the Magistrates Court may require\nevidence or argument to be provided in writing and may decide the\nmatters on which it will hear oral evidence or argument.\n","sortOrder":154},{"sectionNumber":"152","sectionType":"section","heading":"Transfer to Supreme Court","content":"152 Transfer to Supreme Court\nThe Magistrates Court may transfer a proceeding to the Supreme\nCourt if the Magistrates Court considers it appropriate.\n","sortOrder":155},{"sectionNumber":"153","sectionType":"section","heading":"Notice of orders","content":"153 Notice of orders\nThe Magistrates Court must give each party to a proceeding written\nnotice setting out the terms of any order made at the end of the hearing\nwithin 14 days after making the order.\n","sortOrder":156},{"sectionNumber":"154","sectionType":"section","heading":"Costs","content":"154 Costs\nThe parties in a proceeding under this Act must bear their own costs\nunless the Magistrates Court or Supreme Court makes an order about\ncosts.\n\n","sortOrder":157},{"sectionNumber":"155","sectionType":"section","heading":"Appeals to Supreme Court","content":"155 Appeals to Supreme Court\nA party to a proceeding under this Act may appeal to the Supreme\nCourt on a question of law or fact from a decision of the Magistrates\nCourt in the proceeding.\nNote See the Court Procedures Rules 2006, r 5052 (Appeals to Supreme\nCourt—general powers) and r 5103 (Appeals to Supreme Court—time\nfor filing notice of appeal).\n\nMiscellaneous Part 15\n","sortOrder":158},{"sectionNumber":"Part 15","sectionType":"part","heading":"Miscellaneous","content":"Part 15 Miscellaneous\n","sortOrder":159},{"sectionNumber":"157","sectionType":"section","heading":"References to repealed Act or code","content":"157 References to repealed Act or code\n(1) In any Act, statutory instrument or document, a reference to the\nrepealed Act or the code is, in relation to anything dealt with in this\nAct, a reference to this Act.\n(2) In any Act, statutory instrument or document, a reference to a\nparticular provision of the repealed Act or code is, in relation to\nanything dealt with in this Act, a reference to the corresponding\nprovision of this Act.\ncode means the code of practice approved under the repealed Act,\nsection 75 as in force immediately before commencement day.\nrepealed Act means the Tenancy Tribunal Act 1994 as in force\nimmediately before commencement day.\n","sortOrder":160},{"sectionNumber":"157A","sectionType":"section","heading":"Approved forms","content":"157A Approved forms\n(1) The Minister may approve forms for this Act.\n(2) If the Minister approves a form for a particular purpose, the approved\nform must be used for that purpose.\n(3) An approved form is a notifiable instrument.\n","sortOrder":161},{"sectionNumber":"158","sectionType":"section","heading":"Regulation-making power","content":"158 Regulation-making power\n(1) The Executive may make regulations for this Act.\n(2) A regulation may provide that words used in a lease, or a mortgage\nfor leased premises have a wider meaning than that set out in the lease\nor mortgage, and may prescribe the meaning.\n\nSection 1.1\n(see s 54)\n1.1 Market rent, of premises, is the amount that could reasonably be\nexpected to be paid in rent for vacant possession of the premises on\nthe open market if—\n(a) the premises were let by a willing but not anxious lessor to a\nwilling but not anxious tenant; and\n(b) both parties acted knowledgeably and prudently; and\n(c) the use to which the premises may be put under the lease is taken\ninto consideration; and\n(d) the amount is worked out in accordance with this schedule.\n1.2 The valuer must take into account the following in relation to the\npremises:\n(a) the gross cost of occupancy;\n(b) market evidence about comparable premises, including the level\nof incentives or inducements to lease (if any) being offered in\nthe marketplace for comparable premises;\n(c) the estimated gross occupancy costs that would be agreed, on\nvaluation, between a willing lessor and a willing tenant in an\narms length transaction, after proper marketing of the premises,\nif the parties acted knowledgeably, prudently and without\ncompulsion;\n(d) any covenant or restriction on the use of the premises or any\ncovenant on adjacent premises that run with the premises;\n(e) court precedents about valuation practice;\n(f) the proposed arrangements for rent review;\n\nWorking out market rent Schedule 1\nSection 1.3\n(g) any building service or improvement offered by the lessor (other\nthan a service or improvement that can be removed or\nwithdrawn by an outgoing tenant or someone other than the\npeople for whom market rent is being worked out);\n(h) the condition of the premises, as provided by the lessor;\n(i) particulars required to be disclosed in a disclosure statement that\naffect or potentially affect the rental value of premises, including\nparticulars about a tenant’s obligations, costs or responsibilities;\n(j) the terms of the lease or proposed lease;\n(k) any other relevant market evidence.\n1.3 The valuer must not take into account the following in relation to the\npremises:\n(a) a special interest or concern of the lessor or tenant;\n(b) the tenant’s goodwill;\n(c) the tenant’s fixtures and fittings;\n(d) an advantage or disadvantage arising from the current lease\nagreement.\n1.4 Section 1.2 and section 1.3 do not limit the matters that the valuer\nmay take into account in relation to the premises.\n1.5 A party to the lease may, on the party’s own initiative, make a\nsubmission to the valuer within 14 days after the appointment of the\nvaluer and, if the party makes a submission within that time, the\nvaluer must consider the submission.\n1.6 The valuer must, in writing, tell each party to the lease of the party’s\nright to make a submission in relation to the valuation.\n1.7 A notice must require the parties to make their submissions within\n14 days after the date of the notice and tell the parties that, if they do\nnot make a submission in that time, a valuation may be made without\ntheir submission.\n\nSection 1.8\n1.8 The valuer may proceed with a valuation of a lease even if a party to\nthe lease does not make the requested submission.\n1.9 The valuation must give detailed reasons for the valuation and must\ninclude particulars of the matters that the valuer took into\nconsideration in working out the valuation.\n1.10 The valuation must include particulars of any concession or\ninducement disclosed to the valuer.\n1.11 For this schedule:\ngross cost of occupancy, for premises, means the rent for the\npremises, plus recoverable outgoings (other than promotional levies\nor advertising commitments required by the lease).\n\n(see s 4)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n• exercise\n• GST\n• Magistrates Court\n• territory lease\naccounting period, for a lessor, means a financial year or other period\nincluded in a disclosure notice under section 31 (Form of disclosure\nstatements) or otherwise agreed between the parties.\nbond means an amount paid or payable by a tenant as security for the\nperformance of his or her obligations under a lease.\ncertificate of occupancy—see the Building Act 2004, dictionary.\nchange of use lease—see section 9.\ncommencement day means 1 July 2002.\ncommercial premises—see section 7.\nconduct, in relation to a lease or to negotiations for the entering into\nof a lease, means an act or omission in relation to the lease or\nnegotiations.\nExamples of acts and omissions in relation to leases or negotiations\n1 making a request or demand of a person in relation to the lease or negotiations\n2 taking action to enforce the terms of the lease\n3 an action or omission that causes a breach of the lease\ncontinuous occupation lease—see section 10.\n\ncore trading hours, for a shopping centre, means the hours when\nretail premises in the shopping centre are generally required to be\nopen for business, whether the requirement is imposed by or under\nthe lease or by or under another agreement or arrangement between\nthe lessor and tenant or is imposed in another way.\ndemolition, in relation to premises, includes any repair, renovation or\nreconstruction of a building containing the premises that cannot be\ncarried out practicably without vacant possession of the premises.\ndisclosure statement means a disclosure statement under section 30.\ndiscretionary rent review clause means a provision in a lease that—\n(a) provides for rent to be set or changed in accordance with\nwhichever of 2 or more methods of calculating the change would\nresult in the highest rent; or\n(b) has the effect of reserving to a party to the lease a discretion as\nto which of 2 or more methods of calculating initial rent or a\nchange to rent is to apply; or\n(c) has the effect of reserving to a party to the lease complete\ndiscretion as to the rate of rent to apply; or\n(d) has the effect of preventing, or giving a person the power to\nprevent, a decrease if the provision for determining initial rent\nor rent variations otherwise operates in a way that rent might\ndecrease.\ndispute—\n(a) for this Act generally—means a dispute to which this Act\napplies under section 17; and\n(b) in relation to an application, for part 14 (Dispute resolution)—\nsee section 143.\nentered into, for a lease—see section 5.\n\nexcluded area—see section 11.\nextend, under an option, includes renew under the option.\ninitial rent means the rent set at the beginning of a lease or renewal\nof a lease.\nkey money means an amount paid by or on behalf of a tenant to, or at\nthe direction of, a lessor, or any benefit given to, or at the direction\nof, a lessor, but does not include—\n(a) rent; or\n(b) a payment for the goodwill or other assets of a business\ngenuinely operated by the lessor that is sold or to be sold by the\nlessor to the tenant; or\n(c) a bond or security deposit, or a guarantee by way of security; or\n(d) an amount payable on account of outgoings; or\n(e) a reasonable amount payable to someone for attendances on the\ntenant in relation to the preparation of documents that are\nrelevant to a lease; or\n(f) any reasonable amount payable to a lessor for goods and\nservices provided, or to be provided, to the tenant; or\n(g) an amount allowed to be paid under this Act.\nlease means a lease, within the meaning of section 12, to which this\nAct applies under that section.\nNote Pt 13 only applies to leases for premises in retail areas of shopping\ncentres.\nlessor, of premises, means a person who grants a right to occupy the\npremises under a lease, and includes—\n(a) a sublessor; and\n(b) a person who receives the right to lease the premises by\nassignment from the lessor or by operation of law; and\n\n(c) in relation to negotiations for a lease—a prospective lessor.\nlettable area, of premises, means the area of the premises worked out\nin accordance with section 13 (How to work out the lettable area of\npremises).\nmarket rent, of premises—see schedule 1 (Working out market rent).\nnormal purpose, of leased premises that have been damaged, means\nthe way the premises were ordinarily used by the tenant before they\nwere damaged if the use was allowed under the lease.\noption, for a lease, means a right given under the lease for—\n(a) the extension of the term of the lease; or\n(b) the renewal of the lease for a further term.\nparty, to an application, for part 14 (Dispute resolution)—see section\n143.\npremises, for a lease, are the premises covered by the lease.\nrecoverable outgoings means outgoings recoverable under\nsection 70.\nrenewal, of a lease—see section 6.\nrent includes a component of rent.\nrent review includes a change to rent payable on the exercise of an\noption under a lease, but does not include a predetermined rent\nchange.\nretail area means the area of a shopping centre other than an excluded\narea.\nretail premises—see section 7 (2).\nshopping centre—see section 8.\nsmall commercial premises means commercial premises with a\nlettable area of no more than 300m2.\n\ntenant, of premises, means a person who has the right to occupy the\npremises under a lease, and includes—\n(a) a subtenant; and\n(b) a person who receives the right to occupy the premises by\nassignment from the tenant or by operation of law; and\n(c) in relation to negotiations for a lease—a prospective tenant.\ntermination notice means a notice under section 117 (Right to\nterminate—no disclosure statement etc) or section 118 (Failure to\nnotify material change in disclosure statement).\nturnover includes gross takings, gross receipts and gross income.\nturnover rent means rent, or the part of rent, based on the tenant’s\nturnover.\nvaluer means a person who is competent in retail and commercial\nmarket rental valuations.\n\n1 About the endnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n","sortOrder":162},{"sectionNumber":"2","sectionType":"section","heading":"Abbreviation key","content":"2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nLegislation history 3\nLeases (Commercial and Retail) Act 2001 A2001-18\nnotified 19 April 2001 (Gaz 2001 No 16)\ns 1, s 2 commenced 19 April 2001 (IA s 10B)\nremainder commenced 1 July 2002 (s 2)\nas amended by\nStatute Law Amendment Act 2002 A2002-30 pt 3.40\nnotified LR 16 September 2002\ns 1, s 2 taken to have commenced 19 May 1997 (LA s 75 (2))\namdts 3.567-3.569 taken to have commenced 1 July 2002 (s 2 (2))\npt 3.40 remainder commenced 17 September 2002 (s 2 (1))\nJustice and Community Safety Legislation Amendment Act 2003\nA2003-2 pt 11\nnotified LR 3 March 2003\ns 1, s 2 commenced 3 March 2003 (LA s 75 (1))\npt 11 commenced 4 March 2003 (s 2 (1))\nJustice and Community Safety Legislation Amendment Act 2003\n(No 2) A2003-47 pt 7\nnotified LR 31 October 2003\ns 1, s 2 commenced 31 October 2003 (LA s 75 (1))\npt 7 commenced 1 November 2003 (s 2)\nConstruction Occupations Legislation Amendment Act 2004\nA2004-13 sch 2 pt 2.19\nnotified LR 26 March 2004\ns 1, s 2 commenced 26 March 2004 (LA s 75 (1))\nsch 2 pt 2.19 commenced 1 September 2004 (s 2 and see\nConstruction Occupations (Licensing) Act 2004 A2004-12, s 2 and\nCN2004-8)\nJustice and Community Safety Legislation Amendment Act 2004\n(No 2) A2004-32 pt 12\nnotified LR 29 June 2004\ns 1, s 2 commenced 29 June 2004 (LA s 75 (1))\npt 12 commenced 30 June 2004 (s 2 (1))\n\nCourt Procedures (Consequential Amendments) Act 2004 A2004-60\nsch 1 pt 1.34\nnotified LR 2 September 2004\ns 1, s 2 commenced 2 September 2004 (LA s 75 (1))\nsch 1 pt 1.34 commenced 10 January 2005 (s 2 and see Court\nProcedures Act 2004 A2004-59, s 2 and CN2004-29)\nStatute Law Amendment Act 2005 A2005-20 sch 3 pt 3.33\nnotified LR 12 May 2005\ns 1, s 2 taken to have commenced 8 March 2005 (LA s 75 (2))\nsch 3 pt 3.33 commenced 2 June 2005 (s 2 (1))\nJustice and Community Safety Legislation Amendment Act 2006\nA2006-40 sch 2 pt 2.21\nnotified LR 28 September 2006\ns 1, s 2 commenced 28 September 2006 (LA s 75 (1))\nsch 2 pt 2.21 commenced 29 September 2006 (s 2 (1))\nStatute Law Amendment Act 2007 (No 2) A2007-16 sch 3 pt 3.21\nnotified LR 20 June 2007\ns 1, s 2 taken to have commenced 12 April 2007 (LA s 75 (2))\nsch 3 pt 3.21 commenced 11 July 2007 (s 2 (1))\nPlanning and Development (Consequential Amendments) Act 2007\nA2007-25 sch 1 pt 1.21\nnotified LR 13 September 2007\ns 1, s 2 commenced 13 September 2007 (LA s 75 (1))\nsch 1 pt 1.21 commenced 31 March 2008 (s 2 and see Planning and\nDevelopment Act 2007 A2007-24, s 2 and CN2008-1)\nJustice and Community Safety Legislation Amendment Act 2008\nA2008-7 sch 1 pt 1.11\nnotified LR 16 April 2008\ns 1, s 2 commenced 16 April 2008 (LA s 75 (1))\nsch 1 pt 1.11 commenced 7 May 2008 (s 2)\nStatute Law Amendment Act 2009 (No 2) A2009-49 sch 3 pt 3.43\nnotified LR 26 November 2009\ns 1, s 2 commenced 26 November 2009 (LA s 75 (1))\nsch 3 pt 3.43 commenced 17 December 2009 (s 2)\n\nLegislation history 3\nFair Trading (Australian Consumer Law) Amendment Act 2010\nA2010-54 sch 3 pt 3.14\nnotified LR 16 December 2010\ns 1, s 2 commenced 16 December 2010 (LA s 75 (1))\nsch 3 pt 3.14 commenced 1 January 2011 (s 2 (1))\nUnit Titles (Management) Act 2011 A2011-41 sch 5 pt 5.8\nnotified LR 3 November 2011\ns 1, s 2 commenced 3 November 2011 (LA s 75 (1))\nsch 5 pt 5.8 commenced 30 March 2012 (s 2 and CN2012-6)\nStatute Law Amendment Act 2015 A2015-15 sch 3 pt 3.9\nnotified LR 27 May 2015\ns 1, s 2 commenced 27 May 2015 (LA s 75 (1))\nsch 3 pt 3.9 commenced 10 June 2015 (s 2)\nPlanning and Development (University of Canberra and Other\nLeases) Legislation Amendment Act 2015 A2015-19 pt 13\nnotified LR 11 June 2015\ns 1, s 2 commenced 11 June 2015 (LA s 75 (1))\npt 13 commenced 1 July 2015 (s 2 and CN2015-9)\nStatute Law Amendment Act 2017 A2017-4 sch 3 pt 3.16\nnotified LR 23 February 2017\ns 1, s 2 commenced 23 February 2017 (LA s 75 (1))\nsch 3 pt 3.16 commenced 9 March 2017 (s 2)\nCOVID-19 Emergency Response Act 2020 A2020-11 sch 1 pt 1.11\nnotified LR 7 April 2020\ns 1, s 2 commenced 7 April 2020 (LA s 75 (1))\nsch 1 pt 1.11 commenced 8 April 2020 (s 2 (1))\nCOVID-19 Emergency Response Legislation Amendment Act 2020\nA2020-14 sch 1 pt 1.18\nnotified LR 13 May 2020\ns 1, s 2 taken to have commenced 30 March 2020 (LA s 75 (2))\nsch 1 pt 1.18 commenced 14 May 2020 (s 2 (1))\n\nPlanning (Consequential Amendments) Act 2023 A2023-36 sch 1\npt 1.42\nnotified LR 29 September 2023\ns 1, s 2 commenced 29 September 2023 (LA s 75 (1))\nsch 1 pt 1.42 commenced 27 November 2023 (s 2 (1) and see\nPlanning Act 2023 A2023-18, s 2 (2) and CN2023-10)\nEducation and Care Services National Law (ACT) Amendment\nAct 2024 A2024-33 sch 1 pt 1.6\nnotified LR 10 July 2024\ns 1, s 2 commenced 10 July 2024 (LA s 75 (1))\nsch 1 pt 1.6 commenced 11 July 2024 (s 2 (1))\nStatute Law Amendment Act 2025 A2025-29 sch 4 pt 4.110\nnotified LR 6 November 2025\ns 1, s 2 commenced 6 November 2025 (LA s 75 (1))\nsch 4 pt 4.110 commenced 26 December 2025 (s 2 (7))\n\nCommencement\ns 2 om LA s 89 (4)\nWhat leases does this Act apply to?\ns 12 am A2015-19 s 72, s 73; pars renum R20 LA; A2023-36\namdt 1.236; A2024-33 amdt 1.11, amdt 1.12\nDisputes\ns 17 table renum R5 LA\nRecovery of GST\ns 21 am A2015-15 amdt 3.42\nLease costs\ns 23 am A2009-49 amdt 3.101\nNotice of acceptance of lease offer\ns 24 am A2017-4 amdt 3.90\nProvision of copy of lease to tenant\ns 25 am A2002-30 amdt 3.555; A2009-49 amdt 3.102\nCopy of proposed lease to be provided\ns 28 am A2002-30 amdt 3.555\nDisclosure statements\ns 30 am A2002-30 amdt 3.555\nForm of disclosure statements\ns 31 sub A2002-30 amdt 3.556\nam A2025-29 amdt 4.110\nNotice of material changes\ns 34 am A2017-4 amdt 3.90\nRent setting or review if lease method void\ns 49 am A2002-30 amdt 3.557\nMarket rent—rent reviews, options and renewals\ns 52 am A2002-30 amdt 3.558, amdt 3.559\nAppointment of new valuer if conflict of interest disclosed\ns 57 am A2002-30 amdt 3.559\nOutgoings—reports\ns 66 am A2011-41 amdt 5.26; A2015-15 amdt 3.43, amdt 3.44;\nA2017-4 amdts 3.73-3.75\nAdjustment of contributions to outgoings\ns 67 am A2002-30 amdt 3.560\n\nEmployment restriction\ns 73 am A2015-15 amdt 3.45; A2017-4 amdts 3.76-3.80\nDemolition\ns 78 am A2017-4 amdt 3.81, amdt 3.82\nAlterations and refurbishments to or affecting premises\ns 79 am A2017-4 amdt 3.90\nCompensation to reflect any concessions\ns 82 am A2017-4 amdt 3.83, amdt 3.84\nNotice of lessor’s intentions regarding repair\ns 88 am A2002-30 amdt 3.561\nTermination by tenant because of damage\ns 90 am A2017-4 amdt 3.90\nProvision of disclosure statement by tenant\ns 93 am A2017-4 amdt 3.90\nLessor may require relevant information and documents\ns 96 am A2015-15 amdt 3.46\nMortgagees and head lessors\ns 97 am A2017-4 amdt 3.90\nLessor’s consent or refusal\ns 99 am A2017-4 amdt 3.85\nRefusal to consent to assignment or sublease\ns 100 am A2010-54 amdt 3.37\nMinimum 5 year lease\ns 104 am A2017-4 amdt 3.90\nLessor’s intentions about renewal\ns 107 am A2017-4 amdt 3.90\nImplementation of preferential right\ns 109 am A2017-4 amdt 3.90\nNotice of absence of right of preference\ns 110 am A2007-16 amdt 3.74; A2017-4 amdt 3.90\nTenant’s right to terminate extended lease\ns 116 am A2002-30 amdt 3.562, amdt 3.563\nFailure to notify material change in disclosure statement\ns 118 am A2017-4 amdt 3.90\nProcedure for termination of lease by lessor etc\ns 122 am A2002-30 amdt 3.563\n\nConfirmation of contested termination\ns 123 am A2008-7 amdt 1.59\nConfirmation of uncontested termination\ns 124 am A2002-30 amdt 3.564\nContent of termination orders\ns 125 am A2002-30 amdt 3.565\nProvision and use of turnover figures\ns 129 am A2015-15 amdt 3.47, amdt 3.48; A2017-4 amdts 3.86-3.88\nRelocation clauses\ns 136 am A2017-4 amdt 3.89\nJurisdiction\ns 144 sub A2003-2 s 57\nam A2003-47 s 27; A2004-60 amdt 1.164, amdt 1.165\nApplications that may be made\ns 145 sub A2003-2 s 57\nam A2004-60 amdt 1.166\nProcedures\ns 151 am A2004-60 amdt 1.167, amdt 1.168\n(2), (4), (5) exp 1 July 2006 (s 151 (5))\nss renum R11 LA\nAppeals to Supreme Court\ns 155 sub A2006-40 amdt 2.118\nOrder by Supreme Court on appeal\ns 156 am A2004-60 amdt 1.169\nom A2006-40 amdt 2.118\nApproved forms\ns 157A ins A2002-30 amdt 3.566\nam A2015-15 amdt 3.49; A2025-29 amdt 4.110\nRegulation-making power\ns 158 am A2004-60 amdt 1.170; A2025-29 amdt 4.110\nTransitional\npt 16 hdg exp 30 June 2006 (s 171)\nTransitional\ndiv 16.1 hdg om R1 LA (see also A2002-30 amdt 3.567)\nDefinitions for pt 16\ns 159 hdg sub A2002-30 amdt 3.568\ns 159 exp 30 June 2006 (s 171)\nPre-existing referrals\ns 160 exp 30 June 2006 (s 171)\n\nProvisions required to be included—application to pre-existing leases\ns 161 exp 30 June 2006 (s 171)\nLessor’s intentions about renewal\ns 162 exp 30 June 2006 (s 171)\nPreference to existing tenants\ns 163 exp 30 June 2006 (s 171)\nProvisions taken to be included—application to pre-existing leases\ns 164 exp 30 June 2006 (s 171)\nApplication of Act to disputes under code\ns 165 exp 30 June 2006 (s 171)\nApproved handbook and pre-existing leases\ns 166 exp 30 June 2006 (s 171)\nTribunal decisions\ns 167 exp 30 June 2006 (s 171)\nApplication of Act to leases code applied to\ns 168 exp 30 June 2006 (s 171)\nSaving of certain court orders for relief\ns 168A ins A2003-2 s 58\nexp 30 June 2006 (s 171)\nTransitional regulations\ns 169 exp 30 June 2004 (s 171 (2))\nModification of pt 16’s operation\ns 170 exp 30 June 2004 (s 171 (2))\nExpiry of pt 16\ns 171 hdg am R1 LA (see also sub A2002-30 amdt 3.569)\ns 171 am R1 LA (see also sub A2002-30 amdt 3.569)\nsub A2004-32 s 88\n(2) exp 30 June 2004 (s 171 (2))\nexp 30 June 2006 (s 171)\nConsequential repeals and amendments\ndiv 16.2 hdg exp 1 July 2002 (s 176)\nRepeal\ns 172 exp 1 July 2002 (s 176)\nAmendment of Land Titles Act\ns 173 exp 1 July 2002 (s 176)\nAmendment of Magistrates Court Act\ns 174 exp 1 July 2002 (s 176)\n\nAmendment of Magistrates Court (Civil Jurisdiction) Act\ns 175 exp 1 July 2002 (s 176)\nExpiry of div 16.2\ns 176 exp 1 July 2002 (s 176)\nCOVID-19 emergency response\npt 17 hdg ins A2020-11 amdt 1.46\nexp 29 December 2022 (s 177 (6))\nDeclaration—COVID-19 emergency response\ns 177 ins A2020-11 amdt 1.46\nam A2020-14 amdts 1.93-1.95\nexp 29 December 2022 (s 177 (6))\nExpiry—pt 17\ns 178 ins A2020-11 amdt 1.46\nom A2020-14 amdt 1.96\ndict am A2002-30 amdt 3.570; A2007-25 amdt 1.94; A2015-15\namdt 3.50, amdt 3.51\ndef certificate of occupancy sub A2004-13 amdt 2.78\ndef certified exclusionary clause om A2015-15 amdt 3.52\ndef commercial premises am A2015-15 amdt 3.53\ndef continuous occupation lease ins A2005-20 amdt 3.186\ndef dispute sub A2008-7 amdt 1.60\ndef enter into om A2005-20 amdt 3.187\ndef entered into ins A2005-20 amdt 3.187\ndef excluded area am A2015-15 amdt 3.54\ndef GST om R8 LA\ndef lease am A2015-15 amdt 3.55\ndef Magistrates Court om A2015-15 amdt 3.56\ndef party ins A2008-7 amdt 1.61\ndef renewal am A2015-15 amdt 3.57\ndef retail premises ins A2005-20 amdt 3.188\ndef taxable supply om A2015-15 amdt 3.58\ndef territory lease om A2007-25 amdt 1.95\n\n5 Earlier republications\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nNo and date\nEffective Last\namendment\nmade by\nfor\n1 July 2002–\n16 Sept 2002\nnot amended new Act and\ncommenced expiry\nR1 (RI)\n19 Sept 2002\n1 July 2002–\n16 Sept 2002\nA2002-30 reissue for\nretrospective\namendments by\nA2002-30\n19 Sept 2002\n17 Sept 2002–\n3 Mar 2003\nA2002-30 amendments by\nA2002-30\n4 Mar 2003\n4 Mar 2003–\n31 Oct 2003\nA2003-2 amendments by\nA2003-2\nR4*\n1 Nov 2003\n1 Nov 2003–\nA2003-47 amendments by\nA2003-47\n30 June 2004–\nA2004-32 amendments by\nA2004-32\n1 July 2004–\n31 Aug 2004\nA2004-32 commenced expiry\n1 Sept 2004\n1 Sept 2004–\n9 Jan 2005\nA2004-32 amendments by\nA2004-13\nR8*\n10 Jan 2005\n10 Jan 2005–\nA2004-60 amendments by\nA2004-60\n2 June 2005–\nA2005-20 amendments by\nA2005-20\n1 July 2006–\nA2005-20 commenced expiry\n\nEarlier republications 5\nNo and date\nEffective Last\namendment\nmade by\nfor\n2 July 2006–\n28 Sept 2006\nA2005-20 commenced expiry\n29 Sept 2006\n29 Sept 2006–\nA2006-40 amendments by\nA2006-40\n11 July 2007–\n30 Mar 2008\nA2007-16 amendments by\nA2007-16\n31 Mar 2008\n31 Mar 2008–\nA2007-25 amendments by\nA2007-25\n7 May 2008–\n16 Dec 2009\nA2008-7 amendments by\nA2008-7\nR16*\n17 Dec 2009\n17 Dec 2009–\n31 Dec 2010\nA2009-49 amendments by\nA2009-49\n1 Jan 2011\n1 Jan 2011–\n29 Mar 2012\nA2010-54 amendments by\nA2010-54\n30 Mar 2012\n30 Mar 2012–\nA2011-41 amendments by\nA2011-41\n10 June 2015–\nA2015-15 amendments by\nA2015-15\n1 July 2015–\n8 Mar 2017\nA2015-19 amendments by\nA2015-19\n9 Mar 2017\n9 Mar 2017–\n7 Apr 2020\nA2017-4 amendments by\nA2017-4\n8 Apr 2020\n8 Apr 2020–\nA2020-11 amendments by\nA2020-11\n14 May 2020–\n29 Dec 2022\nA2020-14 amendments by\nA2020-14\n30 Dec 2022\n30 Dec 2022–\n26 Nov 2023\nA2020-14 expiry of provisions\n(pt 17)\n27 Nov 2023\n27 Nov 2023–\nA2023-36 amendments by\nA2023-36\n11 July 2024–\n25 Dec 2025\nA2024-33 amendments by\nA2024-33\n","sortOrder":163}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":833},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":false,"description":"The legislation appears to have maintained its original scope as a comprehensive commercial and retail leasing code. While there have been numerous amendments (27 republications), these appear to be refinements and updates rather than scope expansion. The COVID-19 emergency provisions (now expired) were a temporary extension for emergency response but did not permanently alter the Act's scope."},"complexity_factors":["Multiple overlapping definitions (commercial premises, retail premises, shopping centres, excluded areas, change of use leases, continuous occupation leases) with cross-references between sections","Extensive conditional logic with nested exceptions — for example, the 5-year minimum lease has 7 different exceptions and conditions in section 104","Detailed procedural requirements with multiple time limits (14 days, 21 days, 28 days, 30 days, 90 days, 6 months, 1 year) that vary by circumstance","Schedule 1 contains a detailed valuation methodology with 11 factors to consider and 4 factors explicitly excluded","Part 17 (COVID-19 emergency response) was inserted and then expired, showing the Act's adaptability but also creating temporal complexity","Cross-references to at least 6 other ACT Acts (Building Act 2004, Unit Titles Act 2001, Land Titles Act 1925, Legislation Act 2001, Planning Act 2023, Education and Care Services National Law)","27 republications since 2001 with complex amendment history tracking multiple amending Acts","Dispute resolution provisions with multiple pathways (mediation, valuation, court hearing) and transfer mechanisms to Supreme Court"],"plain_english_summary":"This is the ACT's main law governing **commercial and retail leases** — essentially the rulebook for how landlords (lessors) and tenants must behave when leasing shops, offices, and other business premises in the ACT.\n\n**What it covers:**\n\n- **Who's protected:** Retail shops, small commercial premises (under 300m²), childcare centres, sports centres, art galleries, and certain other business leases. Large premises leased to big public companies (over 1000m²) are generally excluded.\n\n- **Key protections for tenants:**\n  - **Minimum 5-year leases:** Short leases are automatically extended to 5 years unless the tenant gets independent legal advice and waives this right\n  - **No \"key money\":** Landlords can't demand secret payments just for granting or renewing a lease\n  - **Rent controls:** Discretionary rent reviews (where landlords have complete freedom to set whatever rent they want) are void; rent can only be reviewed once per year\n  - **Market rent valuations:** Independent valuers set market rent if parties can't agree, with specific rules about what can and can't be considered\n  - **Bond limits:** Maximum 3 months' rent\n  - **Disclosure requirements:** Landlords must provide detailed disclosure statements before leases are signed\n\n- **Shopping centre special rules:** Extra protections for retail tenants in shopping centres, including:\n  - Right of first refusal when leases expire\n  - Limits on relocation clauses\n  - Restrictions on trading hours changes\n  - Rules about advertising and promotion levies\n  - Compensation for disruption caused by landlord actions\n\n- **Outgoings (operating costs):** Strict rules about what landlords can charge tenants for — only costs directly related to operating, repairing or maintaining the building, with detailed reporting and auditing requirements\n\n- **Termination:** Detailed procedures for ending leases, including compensation rights for tenants when premises are damaged or demolished\n\n- **Dispute resolution:** The Magistrates Court handles disputes, with mandatory case management and mediation requirements\n\n**Why it matters:** This Act rebalances power between commercial landlords and tenants. Before this law, commercial tenants had few protections and could be exploited through unfair lease terms. The Act makes many unfair terms automatically void, requires transparency about costs, and gives tenants security of tenure and fair processes for resolving disputes."},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"The Act was originally focused on typical commercial and retail leases, but amendments have continuously expanded its coverage to include premises like education and care services, childcare centres, art galleries, gardening supply centres, and any premises prescribed by regulation. Dispute handling has been broadened, and the Act now imposes detailed obligations on disclosure, outgoings, rent reviews, and termination procedures far beyond the original framework."},"complexity_factors":["158 sections plus schedules and a lengthy dictionary","Numerous defined terms (e.g., 'market rent', 'recoverable outgoings', 'turnover rent')","Extensive cross-references between sections and to other Acts","Multiple conditional exceptions (e.g., s12 exclusions, s104 exceptions, s17 dispute timing)","Detailed procedural requirements for dispute resolution and termination","Regulations left to prescribe many specifics (e.g., additional premises, standard provisions)","Nested exceptions in parts like termination (Div 12.4 and 12.5) and shopping centre provisions"],"plain_english_summary":"This ACT law sets out rules for leases of commercial and retail premises, including shops, offices, childcare centres, and other business spaces. It requires landlords (lessors) to provide tenants with a disclosure statement before signing, detailing costs like outgoings. Rent reviews are limited (once a year) and must be based on market rent if a review method is void. Outgoings (e.g., rates, maintenance) must be estimated, itemised, and audited. Bonds are capped at three months' rent. Tenants generally get a right to a minimum 5-year lease term, and shopping centre tenants have a preferential right to renew. The law bans key money, unconscionable conduct, and certain void lease provisions (e.g., requiring tenants to pay building capital costs). Disputes go to the Magistrates Court, which can order compensation or termination. Exemptions apply to large premises leased by public companies and leases under 6 months (except continuous occupation)."}},"importantCases":[],"_links":{"self":"/api/acts/leases-commercial-and-retail-act-2001","history":"/api/acts/leases-commercial-and-retail-act-2001/history","analysis":"/api/acts/leases-commercial-and-retail-act-2001/analysis","conflicts":"/api/acts/leases-commercial-and-retail-act-2001/conflicts","importantCases":"/api/acts/leases-commercial-and-retail-act-2001/important-cases","documents":"/api/acts/leases-commercial-and-retail-act-2001/documents"}}