RETAIL AND COMMERCIAL LEASES ACT 1995 - SECT 20L
RETAIL AND COMMERCIAL LEASES ACT 1995 - SECT 20L
20L—Premium for renewal or extension prohibited
(1) A lessee cannot be
required to pay a premium for the renewal or extension of a retail shop lease.
(2) If a lessor or a
person acting on behalf of a lessor seeks or accepts a premium for the renewal
or extension of a retail shop lease—
(a) the
lessor is guilty of an offence and liable to a penalty not exceeding
$15 000; and
(b) the
lessee may recover the amount of the payment as a debt (whether or not the
lessor is convicted of the offence).
(3) This section does
not prevent a lessor from—
(a)
requiring payment from the lessee of a reasonable sum for legal or other
expenses incurred in connection with the renewal or extension of a retail
shop lease; or
(b)
receiving payment of rent in advance; or
(c)
requiring reasonable security from the lessee or another person to secure
performance of the lessee's obligations under the renewed or extended lease;
or
(d)
seeking or accepting payment for the grant of a franchise in connection with
the renewal or extension of the lease.