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COMMERCIAL TENANCY (RETAIL SHOPS) AGREEMENTS ACT 1985 - SECT 10

COMMERCIAL TENANCY (RETAIL SHOPS) AGREEMENTS ACT 1985 - SECT 10

10 .         Tenant’s right to assign lease, landlord’s consent to assignment or sub-lease etc.

        (1)         Notwithstanding any other written law, a retail shop lease shall be taken to grant to the tenant a right to assign the lease, subject only to a right of the landlord to withhold consent to an assignment on reasonable grounds.

        (2)         Where a tenant under a retail shop lease has in writing requested the landlord to consent to —

            (a)         an assignment of the lease; or

            (b)         where the lease provides for a sub-lease of the premises by consent, a sub-lease of the premises,

                and the landlord fails to give notice in writing of consent or withholding of consent to the tenant within 28 days after receiving the request, the landlord shall be taken to have consented to the assignment or sub-lease, as the case may be.

        (3)         A provision in a retail shop lease to the effect that the landlord may withhold consent to an assignment of the lease by a tenant unless the tenant or a guarantor of the tenant, agrees to pay any moneys that are payable under the lease by the person to whom it is proposed to assign the lease is void.

        (4)         A provision in a retail shop lease to the effect that the landlord or a person claiming through the landlord may recover from the assignor or from a guarantor of the assignor, any moneys that are payable under the lease by the tenant to whom the lease has been assigned is void.

        (5)         In this section —

        assignor means a tenant who assigns a lease in accordance with this section;

        guarantor means a person who has guaranteed the performance by a tenant of the tenant’s obligations under a retail shop lease or a person who has indemnified a landlord against any loss the landlord may incur as a result of the failure by a tenant to comply with those obligations;

        moneys payable under the lease includes moneys recoverable by action under the lease.

        [Section 10 inserted: No. 48 of 1990 s. 7; amended: No. 66 of 1998 s. 6.]