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Business Tenancies (Fair Dealings) Act 2003
17Copy of retail shop lease to be provided at negotiation stage
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17 Copy of retail shop lease to be provided at negotiation stage
A person must not, as landlord or on behalf of the landlord, offer to
enter into a retail shop lease, invite an offer to enter into a retail
shop lease or indicate by written or broadcast advertisement that a
retail shop is for lease, unless:
(a) the person has in his or her possession a copy of the
proposed retail shop lease (in written form, but not necessarily
including particulars of the tenant, the rent or the term of the
lease) available for inspection by a prospective tenant; and
(b) the person makes a copy of the proposed lease available to a
prospective tenant as soon as the person enters into
negotiations with the prospective tenant concerning the lease.
18 Right to compensation for pre-lease misrepresentations
(1) A party to a retail shop lease is liable to pay another party to the
lease (the injured party) reasonable compensation for damage
suffered by the injured party that is attributable to the injured party's
entering into the lease as a result of:
(a) a false or misleading statement; or
(b) a false or misleading representation;
knowingly made by the party or a person acting under the party's
authority.
Business Tenancies (Fair Dealings) Act 2003 16
(2) The giving of a landlord's disclosure statement to a prospective
tenant under a retail shop lease is taken to be the making of a
representation by the landlord to the tenant as to the information in
the disclosure statement.
(3) The making of a representation by a prospective tenant in a
tenant's disclosure statement given to a prospective landlord under
a retail shop lease:
(a) that the prospective tenant has sought independent advice; or
(b) as to statements or representations relied on by the
prospective tenant in entering the lease;
is taken to be the making of a representation by a tenant to the
(4) This section extends to apply to a statement or representation
made before the commencement of this section.