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Business Tenancies (Fair Dealings) Act 2003
56Information to be provided to proposed assignee and landlord
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56 Information to be provided to proposed assignee and landlord
(a) before requesting the consent of the landlord to a proposed
assignment of the lease, the tenant must provide to the
proposed assignee:
(i) a copy of the most recent landlord's disclosure
statement given to the tenant in respect of the lease; and
(ii) details of changes that have occurred in respect of the
information contained in the landlord's disclosure
statement since it was given to the tenant (being
changes of which the tenant is aware or could
reasonably be expected to be aware);
(b) the tenant may provide the proposed assignee with an
assignor's disclosure statement;
(c) if the assignment is in connection with the lease of a retail
shop that will continue to be an ongoing business – the tenant
must provide the landlord and proposed assignee with an
assignor's disclosure statement;
(d) an assignor's disclosure statement is a statement that
contains or has attached the information or material specified
in the form prescribed by the Regulations, but the layout of the
statement need not comply with that of the prescribed form;
(e) to enable the tenant to comply with paragraph (a):
(i) the tenant is entitled to request the landlord to provide
the tenant with a copy of the relevant disclosure
statement; and
(ii) the landlord must comply with the request within 14 days
after it is made.
Business Tenancies (Fair Dealings) Act 2003 44