Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated ActsA lease that provides for termination of the lease because of the proposed demolition of the building containing the premises must include provisions to the effect of all of the following:
(a) the lease cannot be terminated because of the proposed demolition unless the lessor has given the tenant sufficient details of the proposed demolition to indicate a genuine proposal to demolish the building within a reasonable time after the lease is to be terminated;
(b) the lease cannot be terminated by the lessor because of the proposed demolition unless—
(i) if the lease is for a term of up to 1 year—the lessor has given the tenant at least 3 months written notice of the lessor's intention to terminate; or
(ii) in any other case—the lessor has given the tenant at least 6 months written notice of the lessor's intention to terminate;
(c) if the lease is terminated because of the proposed demolition before the end of the term of the lease—the lessor must pay the tenant reasonable compensation for any loss of the tenant arising from the termination of the lease whether or not the lessor goes ahead with the demolition of the building;
(d) in working out reasonable compensation for paragraph (c), regard must be had to any concession given to the tenant (for example, reduced rent) because of the existence in the lease of the clause allowing for termination because of the proposed demolition.
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).