RETAIL SHOP LEASES ACT 1994 - SECT 50
Retail tenancy disputes between lessors and lessees about assignments of leases
RETAIL SHOP LEASES ACT 1994 - SECT 50
Retail tenancy disputes between lessors and lessees about assignments of leases
50 Retail tenancy disputes between lessors and lessees about assignments of
leases
(1) A retail tenancy dispute exists between a lessor and lessee under a
retail shop lease if—
(a) under the lease, the lessee may assign the lease
only with the lessor’s consent; and
(b) the lessee has given the lessor
full particulars of a proposed assignment of the lease and asked the lessor,
in writing, to consent to it; and
(c) the lessor has not given an answer to
the lessee within 1 month after the request and the particulars are given to
the lessor.
(2) A retail tenancy dispute also exists between a lessor and
lessee under a retail shop lease if, in relation to consenting to an
assignment of a retail shop lease, the lessor—
(a) purports or seeks to
impose on the prospective assignee as lessee, an obligation that is not the
lessee’s obligation under the lease; or
(b) purports or seeks to withdraw
from the prospective assignee a right conferred on the lessee under the lease;
or
(c) purports or seeks to impose, as a condition for consenting to the
assignment, a condition that the lessee considers unreasonable.
(3) To remove
any doubt, this section does not limit the circumstances in which a retail
tenancy dispute may exist between a lessor and lessee under a
retail shop lease.
