50JTermination of certain leases and licences

50J Termination of certain leases and licences

50J Termination of certain leases and licences

(1) If a closure order is in effect for a premises, the lease or licence for the premises is taken to include a provision allowing the lessor or licensor to terminate the lease or licence because of the making of the order by giving not less than 28 days written notice to the lessee or licensee.

(2) If a lessor relies on this section to terminate a lease, the termination is taken to be for repudiation of the lease by the tenant.

(3) A lessee or licensee is not entitled to bring proceedings against a lessor or licensor because of the termination of a lease or licence under this section.

(4) To avoid doubt—

(a) the following do not apply in relation to the termination of a lease or licence under this section—

(i) the Real Property Act 1900, Parts 13 and 14,

(ii) the Retail Leases Act 1994, Part 8,

(iii) the Small Business Commissioner Act 2013, Part 2, Division 2, and

(b) a lessee or licensee is not prevented from bringing proceedings on grounds unrelated to the termination of a lease under this section, and

Example—

a claim by the lessee or licensee arising from a breach of the lease or licence, prior to the termination, by the lessor or licensor

(c) a lessor or licensor is not liable for damages or compensation to any person because of the termination of a lease or licence under this section, and

(d) this section does not limit or affect another power of a lessor or licensor to terminate a lease or licence.

(5) In this section—

lease means an agreement under which a person grants another person for value a right of occupation of premises for the purpose of the use of the premises as a retail shop.

lessor has the same meaning as in the Retail Leases Act 1994.

licence means an agreement under which a person gives another person permission to occupy or use premises as a retail shop without exclusive possession of the premises.