COMMERCIAL TENANCY (RETAIL SHOPS) AGREEMENTS ACT 1985 - SECT 6
COMMERCIAL TENANCY (RETAIL SHOPS) AGREEMENTS ACT 1985 - SECT 6
6 . Disclosure statement, tenant’s rights if not given by landlord etc.
(1) Where a retail
shop lease is entered into and the tenant has not, at least 7 days before the
entering into of the lease, been given a disclosure statement in accordance
with subsection (4) or the disclosure statement given is incomplete or
contains false or misleading information, the tenant may, in addition to
exercising any other right, do either or both of the following —
(a)
within 6 months after the lease was entered into give to the landlord written
notice of termination of the lease, unless subsection (3) prevents
termination;
(b)
apply in writing to the Tribunal for an order that the landlord pay
compensation to the tenant in respect of pecuniary loss suffered by the tenant
as a result of —
(i)
the omission of the landlord to give a disclosure
statement in accordance with subsection (4); or
(ii)
the giving of an incomplete disclosure statement by the
landlord; or
(iii)
the giving of false or misleading information by the
landlord in the disclosure statement.
(2) Where the tenant
under a retail shop lease gives to the landlord a notice of termination under
subsection (1) the lease terminates upon the expiry of a period of 14 days
after the notice was given.
(3) A tenant cannot
terminate a lease under this section on the ground that the tenant has been
given a disclosure statement that is incomplete or contains false or
misleading information if —
(a) the
landlord has acted honestly and reasonably and ought reasonably to be excused
for the failure concerned; and
(b) the
tenant is in substantially as good a position as the tenant would have been if
the statement had been complete or had not contained the false or misleading
information.
(4) A disclosure
statement given for the purposes of this section shall be in the prescribed
form duly completed and signed by or on behalf of the landlord and the tenant
and shall contain a statement notifying the tenant that he should seek
independent legal advice.
(5) Where the tenant
under a retail shop lease (in this subsection referred to as the outgoing
tenant ) assigns the lease to another person (in this subsection referred to
as the incoming tenant ), nothing in this section gives to the incoming tenant
a right to terminate the lease that the outgoing tenant would not have had if
he had continued as the tenant under the lease.
(6) A disclosure
statement is not required to be given —
(a) on
the renewal of a retail shop lease under an option (including the option
arising by reason of section 13(1)); or
(b) on
the assignment of a retail shop lease.
[Section 6 amended: No. 48 of 1990 s. 5; No. 59 of
2011 s. 7.]