RETAIL LEASES ACT 2003 - SECT 18 Effect of notice of termination

RETAIL LEASES ACT 2003 - SECT 18

    (1)     If a tenant under a retail premises lease gives the landlord a notice of termination under—

        (a)     section 17(3)(c) within the time allowed by that section; or

        (b)     section 17(5) within the time allowed by section 17(6)—

the lease terminates 14 days after the notice is given unless the landlord gives the tenant a notice of objection to the termination.

    (2)     Within 14 days after being given the notice of termination the landlord may give the tenant a notice of objection to the termination on the ground that—

        (a)     the landlord has acted honestly and reasonably and ought fairly to be excused for the contravention; and

        (b)     the tenant is substantially in as good a position as the tenant would have been in if there had been no contravention.

    (3)     If the tenant advises the landlord that the tenant accepts the landlord's notice of objection or the notice is upheld under Part 10, the lease does not terminate in accordance with the notice of termination despite subsection (1).

    (4)     The tenant is taken to have accepted the notice of objection if the tenant does not advise (in writing) the landlord, within 14 days after being given the notice, whether or not the tenant accepts it.

    (5)     The operation of a notice of termination under section 17(3)(c) or (5) is suspended until the effect of a notice of objection to it is determined.