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Business Tenancies (Fair Dealings) Act 2003
27No payment of rent etc. when landlord's fitout not completed
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27 No payment of rent etc. when landlord's fitout not completed
(1) This section applies to a retail shop lease if:
(a) the liability of the tenant to pay rent under the lease begins on
the tenant entering into possession of the retail shop (whether
or not the tenant is required to enter into possession by a
specified date); and
(b) the landlord has fitout obligations under the lease.
(2) A retail shop lease to which this section applies is taken to provide
that:
(a) the tenant is not liable to pay rent, or another amount payable
under the lease by the tenant (such as an amount payable in
respect of outgoings), in respect of a period before the
landlord has substantially complied with the landlord's fitout
obligations; and
(b) the landlord is not entitled to deny the tenant possession of
the retail shop merely because the landlord has not complied
with the landlord's fitout obligations under the lease.