34Key-money prohibited

34 Key-money prohibited

(1)  A person must not, as a landlord or on behalf of a landlord, seek or accept the payment of key-money.

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.

(2)  A provision of a retail lease is void to the extent that it requires, or has the effect of requiring, the payment of key-money.

(3)  If a person contravenes this section, whether or not the person is found guilty of an offence against subsection (1) , the tenant is entitled to recover from the landlord as a debt –

(a) a payment made by the tenant; or

(b) the value of any benefit conferred by the tenant –

that was accepted by or on behalf of the landlord in contravention of this section.