49Tenants to be given notice of alterations and refurbishments

49 Tenants to be given notice of alterations and refurbishments

(1)  Subject to subsection (3) , a retail lease is taken to provide that a landlord must not commence an alteration or refurbishment of the building or a retail shopping centre, of which the retail premises form a part, that is likely to adversely affect the business of the tenant, unless –

(a) the landlord has notified the tenant in writing of the proposed alteration or refurbishment at least 60 days before it is commenced; or

(b) the alteration or refurbishment is necessary because of an emergency and the landlord has given the tenant the maximum period of notice that is reasonably practicable in the circumstances.

(2)  A landlord must not commence an alteration or refurbishment of a building or a retail shopping centre, as referred to in subsection (1) , unless the landlord has provided notice to the tenant in accordance with that subsection.

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)  This section does not apply to routine maintenance or routine repairs.