Leases (Commercial and Retail) Act 2001

If the lessor has a right to terminate the lease, the lessor may give written notice of termination to the tenant (the termination notice).

For how documents may be given, see the Legislation Act, pt 19.5.

Within 14 days after being given the termination notice (the allowed period), the tenant may—

contest the termination by application to the Magistrates Court; or

agree to the termination by written notice to the lessor.

The termination takes effect in accordance with the terms of the termination notice if, within the allowed period, the tenant—

does not contest the termination by application to the Magistrates Court; or

agrees to the termination by written notice to the lessor.

If the tenant contests the termination by application to the Magistrates Court within the allowed period—

the termination does not have effect unless it is confirmed by the Magistrates Court; and

if the termination is confirmed—it has effect on the day ordered by the court.

The lease may be terminated by the lessor only in accordance with this section.

If the tenant is in possession of the premises, the lessor may enter the premises to recover possession of the premises only—

under a court order or warrant; or

if the lease has been terminated in accordance with this section.