LEASES (COMMERCIAL AND RETAIL) ACT 2001 - SECT 110 Notice of absence of right of preference

LEASES (COMMERCIAL AND RETAIL) ACT 2001 - SECT 110

    (1)     If the tenant does not have a right of preference, the lessor must, by written notice—

        (a)     tell the tenant that the tenant does not have a right of preference; and

        (b)     explain why the tenant does not have a right of preference.

Note     Section 108 (5) and (6) sets out the circumstances in which the tenant does not have a right to a preference.

    (2)     The lessor must give the notice to the tenant—

        (a)     at least 6 months, but not more than 12 months, before the end of the term of the lease; or

        (b)     if the term of the lease is 12 months or less—at least 3 months, but not more than 6 months, before the end of the term.

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

, pt 19.5.