31Retail leases to be in writing and signed

31 Retail leases to be in writing and signed

(1)  A landlord, or a tenant, must not enter into a retail lease that is not –

(a) in writing; and

(b) signed by both parties to the retail lease.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 100 penalty units; and

(b) an individual, a fine not exceeding 50 penalty units.

(2)  A landlord, or a tenant, must not amend a retail lease unless the amendment is –

(a) in writing; and

(b) signed by both parties to the retail lease.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 50 penalty units; and

(b) an individual, a fine not exceeding 25 penalty units.

(3)  Nothing in this section means that a retail lease that fails to comply with this section is illegal, invalid or unenforceable.