27Right to compensation for pre-lease misrepresentations

27 Right to compensation for pre-lease misrepresentations

(1)  A party to a retail lease is liable to pay another party to the lease (the injured party) reasonable compensation for damage suffered by the injured party that is attributable to the injured party entering into the lease as a result of –

(a) a false or misleading statement of the other party; or

(b) a false or misleading representation of the other party.

(2)  The giving of a landlord’s disclosure statement to a prospective tenant under a retail lease is taken to be the making of a representation by the landlord to the tenant as to the information contained in the disclosure statement.

(3)  A statement given by the tenant to a prospective landlord under a retail lease –

(a) that the prospective tenant has sought independent legal advice; or

(b) as to the statements or representations relied on by the prospective tenant in entering the lease –

is taken to be the making of a representation by the tenant to the landlord.