LEASES (COMMERCIAL AND RETAIL) ACT 2001 - SECT 109 Implementation of preferential right

LEASES (COMMERCIAL AND RETAIL) ACT 2001 - SECT 109

    (1)     If the tenant has a right of preference, the lessor must, at least 6 months (but not more than 12 months) before the end of the term of the lease, begin negotiations with the tenant for a renewal of the lease.

Note     Renewal of a lease includes extension of the lease (see dict).

    (2)     In particular, before agreeing to enter into a lease with someone else, the lessor must—

        (a)     make a written offer, expressed to be made under this section, to renew the lease with the tenant on terms no less favourable to the tenant than those of the lease proposed to be entered into with the other person; and

        (b)     provide the tenant with a copy of the proposed lease (as renewed or extended) and the disclosure statement or proposed disclosure statement required in relation to it.

    (3)     If the lessor offers to renew the lease under this section—

        (a)     the offer remains open for the period stated in the offer (the  acceptance period ) or until its earlier acceptance; and

        (b)     the tenant must tell the lessor in writing within the acceptance period whether the tenant accepts the offer; and

        (c)     if the tenant does not tell the lessor in writing within the acceptance period that the tenant accepts the offer—the offer lapses.

Note     For how documents may be given, see the Legislation Act

, pt 19.5.

    (4)     The acceptance period must be a reasonable period (at least 10 business days) after the offer is made.

    (5)     The negotiations must continue until—

        (a)     the tenant rejects an offer under this section (or the offer lapses); or

        (b)     the tenant tells the lessor in writing that the tenant does not want to continue negotiations for a renewal of the lease.

    (6)     The negotiations must be conducted honestly.