RETAIL SHOP LEASES ACT 1994 - SECT 48
Liability for costs associated with lease
RETAIL SHOP LEASES ACT 1994 - SECT 48
Liability for costs associated with lease
48 Liability for costs associated with lease
(1) A lessee under a retail shop lease is not liable to pay any amount for the
lessor’s legal or other expenses in relation to the following—
(a)
preparing, renewing or extending the lease;
(b) obtaining the consent of a
mortgagee of the lessor;
(c) the lessor’s compliance with this Act.
(2)
However, subsection (1) does not prevent a lessee under a retail shop lease
from being required to pay for the following—
(a) survey fees associated
with the registration of the lease;
(b) registration of the lease.
(3) Also,
subsection (1) does not prevent the prospective lessee from being required to
pay for the prospective lessor’s reasonable legal or other expenses incurred
for preparation of a final lease if—
(a) the prospective lessor and
prospective lessee agree to the terms of a proposed retail shop lease; and
(b) the prospective lessee gives the prospective lessor a written notice to
prepare a final lease and the final lease is prepared; and
(c) the
prospective lessee does not sign the final lease; and
(d) the prospective
lessor gives the prospective lessee a copy of the prospective lessor’s
invoice for expenses for the preparation of the final lease.
(4) In this
section—
"final lease" means a lease to be signed by the parties to give effect to the
agreed terms of a proposed retail shop lease.
