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Leases (Commercial and Retail) Act 2001
96Lessor may require relevant information and documents
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96 Lessor may require relevant information and documents
(1) Within 14 days after receiving a request under section 95, or after a
further period agreed by the parties, the lessor may, in writing, ask
the tenant to provide the lessor with further information or
documents.
(2) If the tenant’s request is for consent to an assignment or sublease, the
lessor may only request 1 or more of the following:
(a) information about the financial standing of the prospective
assignee or subtenant, including details of any approved finance
of the prospective assignee or subtenant;
(b) information about the financial standing of any prospective
guarantor for the prospective assignee or subtenant;
(c) a certificate of occupancy for the premises;
(d) information about the business skills of the prospective assignee
or subtenant;
(e) information about the proposed use of the premises by the
prospective assignee or subtenant;
(f) references relating to the ability of the prospective assignee or
subtenant to operate the business, or proposed business, on the
(3) If the tenant’s request is for consent to the mortgage of the lease, the
lessor may only request 1 or more of the following:
(a) information about the identity and financial standing of the
proposed mortgagee;
(b) details of the loan or other obligation to be secured by the
mortgage including, if applicable, the amount of the loan, the
purpose to which it is proposed the loan amount be used, the
term of the loan, the repayment schedule for the loan and the
powers that may be exercised by the mortgagee under the
mortgage.