New South Wales Consolidated Acts

RETAIL LEASES ACT 1994 - SECT 44A

44A Negotiations for renewal or extension of lease

(1) A lessor of a retail shop must not, by written or broadcast advertisement, indicate the availability of the shop for lease or invite tenders or expressions of interest for tendering, during the term of the lease, unless:

(a) the lessor has offered the lessee a renewal or extension of the lease under section 44 (1) (a), the offer has not been accepted and (not earlier than one month after the offer was made) the lessor by written notice informs the lessee that negotiations are concluded without result, or

(b) the lessor by written notice informs the lessee that the lessor does not propose to offer the lessee a renewal or extension of the lease and there are no arrangements to allow the lessee to remain in possession of the shop, or

(c) the lessee by written notice informs the lessor that the lessee does not wish to enter into negotiations for the renewal or extension of the lease or that the lessee wishes to withdraw from the negotiations, or

(d) the lessee has vacated or agrees in writing to vacate the shop, or

(e) the lessee consents in writing to publication of the advertisement.

Maximum penalty: 50 penalty units.

(2) This section does not affect the industry practice of testing the market, otherwise than by written or broadcast advertisement, in connection with the leasing of a retail shop.

(3) This section does not apply to a lease of community land within the meaning of the Local Government Act 1993 .