Northern Territory Consolidated Acts Northern Territory Consolidated Acts(1) This Act (other than Part 13) does not apply to any of the following retail shop leases:
(a) leases for a term of less than 6 months, where there is no right for the tenant to extend the lease (whether by means of an option to extend or renew the lease or otherwise);
(b) leases for a term of 25 years or more (with the term of a lease taken to include any term for which the lease may be extended or renewed at the option of the tenant);
(c) leases entered into before the commencement of this section;
(d) leases entered into under an option that was granted, or an agreement that was made, before the commencement of this section;
(e) a lease of a class or description prescribed by the Regulations to be exempt from this Act or a provision of this Act.
(2) This Act (other than Part 13) does not apply to:
(a) a lease mentioned in this section that is assigned to another person after the commencement of this section; or
(b) a holding over by the tenant after the end of the term of a lease mentioned in subsection (1)(c).
(3) For subsection (1)(a), a provision of a lease that provides for holding over by the tenant at the end of the term of the lease is not taken to confer a right on the tenant to extend the lease if it operates, in effect, at the discretion of the landlord.
(4) Despite this section:
(a) if the term of a retail shop lease is less than 6 months; and
(b) the tenant is continuously in possession of the retail shop for 6 months or more under the lease because of the lease being renewed one or more times or being continued (or both);
this Act applies to the lease on and from the day on which the tenant has continuously been in possession of the retail shop for 6 months.