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Leases (Commercial and Retail) Act 2001
109Implementation of preferential right
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109 Implementation of preferential right
(1) If the tenant has a right of preference, the lessor must, at least
6 months (but not more than 12 months) before the end of the term of
the lease, begin negotiations with the tenant for a renewal of the lease.
Note Renewal of a lease includes extension of the lease (see dict).
(2) In particular, before agreeing to enter into a lease with someone else,
the lessor must—
(a) make a written offer, expressed to be made under this section, to
renew the lease with the tenant on terms no less favourable to
the tenant than those of the lease proposed to be entered into
with the other person; and
(b) provide the tenant with a copy of the proposed lease (as renewed
or extended) and the disclosure statement or proposed disclosure
statement required in relation to it.
(3) If the lessor offers to renew the lease under this section—
(a) the offer remains open for the period stated in the offer
(the acceptance period) or until its earlier acceptance; and
Renewal Division 12.2
(b) the tenant must tell the lessor in writing within the acceptance
period whether the tenant accepts the offer; and
(c) if the tenant does not tell the lessor in writing within the
acceptance period that the tenant accepts the offer—the offer
lapses.
(4) The acceptance period must be a reasonable period (at least
10 business days) after the offer is made.
(5) The negotiations must continue until—
(a) the tenant rejects an offer under this section (or the offer lapses);
or
(b) the tenant tells the lessor in writing that the tenant does not want
to continue negotiations for a renewal of the lease.
(6) The negotiations must be conducted honestly.