sec.209CCRelevant lessor may terminate lease of premises subject to closure order

sec.209CC Relevant lessor may terminate lease of premises subject to closure order

This section applies if— a closure order is made in relation to premises; and the premises are subject to a lease. The relevant lessor of the premises may terminate the lease of the premises by giving the lessee a notice (the termination notice ) stating that the lease is terminated on a stated day (the termination day ). The termination day must be at least 14 days after the day the relevant lessor gives the lessee the termination notice. The termination notice must— be in the approved form; and be given before the end of the closure order. Subsection (2) applies— despite any other Act or anything to the contrary in the lease or another agreement or arrangement; and even if the closure order is subsequently revoked, found to have been wrongfully made or found by a court to be invalid. The termination is taken— to be a termination of the lease for a repudiation of the lease by the lessee; and to preserve the rights and powers of the relevant lessor in relation to a repudiation of the lease by the lessee, including, for example, the right to claim damages or a rental bond. The relevant lessor— is not liable for damages or compensation, on any ground, to any person in relation to the termination of the lease under this section; and may enter, and take possession of, the premises after the termination of the lease under this section. The lessee is not entitled to bring a proceeding against either of the following persons, on any ground, in relation to the termination of the lease under this section— the relevant lessor; a person, including, for example, a head lessor, who leases the premises to a person who is not occupying the premises for the purpose of conducting a tobacco business at the premises. Without limiting subsection (8) , the following provisions do not apply in relation to the termination— the Property Law Act 2023 , part 9 , division 5 ; the Retail Shop Leases Act 1994 , part 8 ; the Small Business Commissioner Act 2022 , part 3 . Subsection (8) does not prevent a lessee from bringing a proceeding against the relevant lessor on a ground unrelated to the termination of the lease under this section, including, for example, a proceeding in relation to a breach of the lease by the relevant lessor before the termination of the lease under this section. If a lease is terminated under this section and the lessee has not removed the lessee’s property from the premises under the lease, the relevant lessor may deal with the property as the relevant lessor considers appropriate, including, for example, by disposing of the property. This section does not limit or affect any other power of the relevant lessor to terminate the lease or deal with property not removed from the premises. s 209CC ins 2025 No. 27 s 26 (sec.209CC-ssec.1) This section applies if— a closure order is made in relation to premises; and the premises are subject to a lease. (sec.209CC-ssec.2) The relevant lessor of the premises may terminate the lease of the premises by giving the lessee a notice (the termination notice ) stating that the lease is terminated on a stated day (the termination day ). (sec.209CC-ssec.3) The termination day must be at least 14 days after the day the relevant lessor gives the lessee the termination notice. (sec.209CC-ssec.4) The termination notice must— be in the approved form; and be given before the end of the closure order. (sec.209CC-ssec.5) Subsection (2) applies— despite any other Act or anything to the contrary in the lease or another agreement or arrangement; and even if the closure order is subsequently revoked, found to have been wrongfully made or found by a court to be invalid. (sec.209CC-ssec.6) The termination is taken— to be a termination of the lease for a repudiation of the lease by the lessee; and to preserve the rights and powers of the relevant lessor in relation to a repudiation of the lease by the lessee, including, for example, the right to claim damages or a rental bond. (sec.209CC-ssec.7) The relevant lessor— is not liable for damages or compensation, on any ground, to any person in relation to the termination of the lease under this section; and may enter, and take possession of, the premises after the termination of the lease under this section. (sec.209CC-ssec.8) The lessee is not entitled to bring a proceeding against either of the following persons, on any ground, in relation to the termination of the lease under this section— the relevant lessor; a person, including, for example, a head lessor, who leases the premises to a person who is not occupying the premises for the purpose of conducting a tobacco business at the premises. (sec.209CC-ssec.9) Without limiting subsection (8) , the following provisions do not apply in relation to the termination— the Property Law Act 2023 , part 9 , division 5 ; the Retail Shop Leases Act 1994 , part 8 ; the Small Business Commissioner Act 2022 , part 3 . (sec.209CC-ssec.10) Subsection (8) does not prevent a lessee from bringing a proceeding against the relevant lessor on a ground unrelated to the termination of the lease under this section, including, for example, a proceeding in relation to a breach of the lease by the relevant lessor before the termination of the lease under this section. (sec.209CC-ssec.11) If a lease is terminated under this section and the lessee has not removed the lessee’s property from the premises under the lease, the relevant lessor may deal with the property as the relevant lessor considers appropriate, including, for example, by disposing of the property. (sec.209CC-ssec.12) This section does not limit or affect any other power of the relevant lessor to terminate the lease or deal with property not removed from the premises.