17Provision of landlord's disclosure statement and proposed lease

17 Provision of landlord's disclosure statement and proposed lease S. 17(1) substituted by No. 26/2020 s. 9(2). (1) The landlord, at least 14 days before entering into a retail premises lease, must give the tenant— (a) a disclosure statement in the prescribed form (but the layout of the statement need not be the same as the prescribed disclosure statement); and (b) a copy of the proposed lease in writing, including particulars of the tenant, the rent and the term of the proposed lease. S. 17(1A) inserted by No. 82/2005 s. 11(1). (1A) In the application of subsection (1) to a sub-lease, a tenant who has been given a disclosure statement concerning a head-lease is only required to give a sub-tenant— (a) a copy of that disclosure statement; and (b) details of any changes of which the tenant is aware, or could reasonably be expected to be aware, that have affected the information in the disclosure statement since it was given to the tenant. S. 17(1B) inserted by No. 26/2020 s. 9(3). (1B) If the proposed lease given to the tenant contains any changes to the previous copy of the lease given to the tenant, the landlord must notify the tenant of the changes when the proposed lease is given to them. Penalty: In the case of a natural person, 50 penalty units; In the case of a body corporate, 250 penalty units. S. 17(1C) inserted by No. 26/2020 s. 9(3). (1C) If the landlord gives the tenant the disclosure statement and proposed lease less than 14 days before the lease is to be entered into, the term of the lease is taken to commence 14 days after the disclosure statement and proposed lease are given to the tenant. (2) If a tenant has not been given the disclosure statement before entering into a retail premises lease, the tenant may give the landlord, no earlier than 7 days and no later than 90 days after entering into the lease, a written notice that the tenant has not been given the disclosure statement. (3) If the tenant gives the landlord a notice in accordance with subsection (2)— (a) the tenant may withhold payment of the rent until the day on which the landlord gives the tenant the disclosure statement; and (b) the tenant is not liable to pay the rent attributable to the period from and including the day on which the notice was given until and including the day on which the landlord gives the tenant the disclosure statement; and (c) the tenant may give the landlord a written notice of termination at any time before the end of 7 days after the landlord gives the tenant the disclosure statement. S. 17(4) amended by No. 82/2005 s. 11(2). (4) If the premises are not available for handover to the tenant on the date specified in the disclosure statement, the tenant is not liable to pay the rent attributable to a period before the date on which the premises are available for handover. (5) If— (a) any information provided by the landlord in the disclosure statement is misleading, false or materially incomplete; or (b) the tenant is not given a copy of the proposed lease in accordance with subsection (1)(b)— the tenant may give the landlord a written notice of termination. (6) The tenant may give a notice of termination under subsection (5) at any time before the end of 28 days after— (a) the tenant is given the disclosure statement; or S. 17(6)(b) amended by No. 82/2005 s. 11(3). (b) the tenant is given a copy of the proposed lease; or (c) the lease is entered into— S. 17(7) inserted by No. 82/2005 s. 11(4), amended by No. 26/2020 s. 9(4). (7) If a tenant has been given the disclosure statement before entering into an agreement for a retail premises lease, the landlord is not required to give a further disclosure statement before subsequently entering into a retail premises lease if that lease is in accordance with the earlier agreement for the lease. S. 17(8) inserted by No. 69/2012 s. 4. (8) In this section— ***landlord*** means— (c) a prospective landlord; ***tenant*** means— (a) a tenant; or (b) a prospective tenant.