Where a tenant validly exercises an option to renew a retail premises lease before the expiry of the lease term, the landlord's failure to give notice under s.14(3) of the Retail Tenancies Act 1986 (Vic) does not give rise to a right of termination under s.14(9), because s.14(4) has no work to do once the option has been timely exercised. The disclosure statement requirement under s.17 of the Retail Tenancies Reform Act 1998 (Vic) does not apply to a lease containing an option that was entered into before 28 April 1998; it applies only to the new lease created by the exercise of that option.
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