LEASES (COMMERCIAL AND RETAIL) ACT 2001 - SECT 17 Disputes
LEASES (COMMERCIAL AND RETAIL) ACT 2001 - SECT 17
DisputesThis Act applies to a dispute about a matter mentioned in table 17, column 1—
(a) the lease or proposed lease, or a provision of the lease or proposed lease, to which the dispute relates, was entered into, extended under an option, renewed or, for a provision only, varied, at or after the corresponding time mentioned in column 2 (if applicable); and
(b) the conduct that caused the dispute complained of happened at or after the corresponding time mentioned in column 3.
Table 17 Table of disputes to which Act applies
|
item | |||
|---|---|---|---|
| 1 | key money in relation to a lease or to negotiations for entering into a lease | any time | 1 January 1995 |
| 2 |
a discretionary rent review clause of a lease | 1 January 1994 | (a) for a dispute about a discretionary rent review clause that has the effect of reserving to a party to the lease complete discretion about the rate of rent to apply—commencement day; or (b) in any other case—1 January 1995 |
| 3 | a provision of a lease if— (a) the provision was varied or inserted as part of a variation; and (b) the variation happens on or after 1 January 1995; and (c) this Act would apply to the dispute if the lease had been entered into or extended under an option on or after commencement day | any time | 1 January 1995 |
| 4 | a claim by a party to a lease (the first party ) that another party to the lease has engaged in unconscionable or harsh and oppressive conduct towards the first party, if the conduct would be a contravention of section 22 (1) | any time | 1 January 1995 |
| 5 | a claim by a party to a lease for recovery of possession, relief against forfeiture or recovery of rent | any time | any time |
| 6 | a claim by a party to a lease that the party is entitled to compensation under section 37, 78, 81, 91 or 136 | any time | commencement day |
| 7 | a matter in relation to which an application may be made under section 57, 58, 84, 85, 87, 98, 99, 105, 123 or 126 | unless this Act states otherwise, any time | unless this Act states otherwise, any time |
| 8 | any other dispute about a lease if the disputed matter is of a kind prescribed by regulation as suitable for resolution under this Act | the date prescribed by regulation in relation to the kind of dispute or, if prescribed by regulation, any time |
the date prescribed by regulation in relation to the kind of dispute or, if prescribed by regulation, any time |
| 9 | a claim by a party to a lease that another party to the lease has breached or is breaching this Act if the breach does not give rise to a dispute or claim under another item (other than item 10) | 1 January 1995 | commencement day |
| 10 | any other matter not covered in column 1 of items 1 to 9 in relation to a lease or negotiations for entering into a lease or in relation to the use or occupation of premises to which the lease relates | any time | any time |