sec.44ALimitation of compensation amount

sec.44A Limitation of compensation amount

An agreement under a retail shop lease or under an assignment of a retail shop lease about compensation payable under this division is void to the extent it limits the amount of compensation. However, a provision of a retail shop lease may limit a claim for compensation for an anticipated disturbance that occurs within 1 year from the date the lease is entered into if, before the lease is entered into, the lessor gives the lessee a written notice. The notice must include the following particulars— a specific description of the nature of the anticipated disturbance on the lessee; a statement assessing the likelihood of the anticipated disturbance occurring, including an indication of the basis on which the assessment was reached; a statement of the timing, duration and effect of the anticipated disturbance, so far as they can be predicted. A notice that includes a general statement to the effect that an anticipated disturbance may occur without setting out the particulars referred to in subsection (3) is not a notice for the purpose of subsection (2) . In this section— anticipated disturbance means an action or omission in relation to which a lessor is liable to pay the lessee compensation under section 43 (1) (a) to (e) . s 44A ins 2016 No. 21 s 42 (sec.44A-ssec.1) An agreement under a retail shop lease or under an assignment of a retail shop lease about compensation payable under this division is void to the extent it limits the amount of compensation. (sec.44A-ssec.2) However, a provision of a retail shop lease may limit a claim for compensation for an anticipated disturbance that occurs within 1 year from the date the lease is entered into if, before the lease is entered into, the lessor gives the lessee a written notice. (sec.44A-ssec.3) The notice must include the following particulars— a specific description of the nature of the anticipated disturbance on the lessee; a statement assessing the likelihood of the anticipated disturbance occurring, including an indication of the basis on which the assessment was reached; a statement of the timing, duration and effect of the anticipated disturbance, so far as they can be predicted. (sec.44A-ssec.4) A notice that includes a general statement to the effect that an anticipated disturbance may occur without setting out the particulars referred to in subsection (3) is not a notice for the purpose of subsection (2) . (sec.44A-ssec.5) In this section— anticipated disturbance means an action or omission in relation to which a lessor is liable to pay the lessee compensation under section 43 (1) (a) to (e) .

• (a) a specific description of the nature of the anticipated disturbance on the lessee;
• (b) a statement assessing the likelihood of the anticipated disturbance occurring, including an indication of the basis on which the assessment was reached;