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Business Tenancies (Fair Dealings) Act 2003
19Tenant to be given landlord's disclosure statement
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19 Tenant to be given landlord's disclosure statement
(1) Unless subsection (6) applies, the landlord must ensure that the
tenant is given a landlord's disclosure statement for a retail shop
lease at least 7 days before the retail shop lease is entered into by
the tenant.
(2) A landlord's disclosure statement is a written statement that
contains or has attached the information or material specified in the
form prescribed by the Regulations (but only to the extent that is
relevant to the lease concerned).
(3) The layout of a landlord's disclosure statement is not required to
comply with the layout of the prescribed form.
(4) Despite subsection (3), a landlord's disclosure statement is
complete for the purposes of this section only if it contains or has
attached the information or material that the prescribed form
specifies is to be provided by the tenant.
(5) If a retail shop lease is entered into by way of the renewal of a
lease, a written statement (a landlord's disclosure update) that
updates the provisions of an earlier landlord's disclosure statement
given to the tenant is, in conjunction with that earlier landlord's
disclosure statement, taken to be a landlord's disclosure statement
given at the time the landlord's disclosure update is given.
Business Tenancies (Fair Dealings) Act 2003 17
(6) The time limit imposed by subsection (1) does not apply if a legal
practitioner, who is not acting for the landlord, certifies in writing
that he or she has, at the request of the prospective tenant,
explained to the prospective tenant:
(a) the effect of this section; and
(b) that the giving of the certificate will result in a waiver of that
time limit.