Northern Territory Consolidated Acts

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BUSINESS TENANCIES (FAIR DEALINGS) ACT - SECT 11

Meaning of renewal of lease

    (1)     A reference in this Act to the renewal of a retail shop lease is a reference to the renewal of the lease:

        (a)     under an option granted under the lease for a further term; or

        (b)     under an agreement to renew the lease for a further term entered into by all the parties to the lease.

    (2)     If:

        (a)     after a retail shop lease expires, there is a break in the tenant's possession of the retail shop; and

        (b)     the tenant resumes possession of the retail shop for a further term (whether or not on the same terms and conditions as under the expired lease);

the resumption of possession of the retail shop is, for this Act, taken not to be a renewal of the expired lease and is instead taken to be entering into a new lease.



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