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Business Tenancies (Fair Dealings) Act 2003
20Tenant may terminate for landlord's failure to disclose
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20 Tenant may terminate for landlord's failure to disclose
(1) A tenant may terminate a retail shop lease by notice in writing to the
landlord at any time within 6 months after the lease was entered
into if:
(a) the tenant has not been given a landlord's disclosure
statement under section 19(1); or
(b) subject to subsection (2), the landlord's disclosure statement
given to the tenant is incomplete or contains information that
at the time it was given was materially false or misleading.
(2) A tenant cannot terminate the lease under subsection (1)(b) if:
(a) the landlord has acted honestly and reasonably and ought
reasonably to be excused for giving an incomplete landlord's
disclosure statement or information that is materially false or
misleading; and
(b) the tenant is in substantially as good a position as the tenant
would have been if the landlord's disclosure statement had
been complete or the information had not been materially false
or misleading.
(3) The termination of a lease under this section does not affect any
right, privilege, obligation or liability acquired, accrued or incurred
under the lease in respect of any period before its termination.