Leases (Commercial and Retail) Act 2001

This section applies if the tenant makes a request under section 95 (Request for consent to assignment, sublease or mortgage).

The lessor must consent or refuse to consent to the request by written notice to the tenant within 28 days after receiving the request, or after a further period agreed between the parties, unless the lessor asks for further information or documents under section 96 (1) (Lessor may require relevant information and documents).

Section 100 (Refusal to consent to assignment or sublease) and s 101 (Refusal to consent to mortgage of lease) set out the criteria for refusal to consent.

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

If the lessor asks for further information or documents, the lessor must consent or refuse to consent by written notice to the tenant within 21 days after receiving the information requested, or after a further period agreed between the parties.

However, the lessor is taken to have consented to the request if—

the lessor fails to give written notice of the lessor’s consent or refusal to consent under subsection (1) or (2); and

the head lessor or mortgagee (if any) has not given a refusal notice to the tenant under section 97 (Mortgagees and head lessors).

The Magistrates Court may, on application by the tenant, order the person in possession of the territory lease for the land that includes the leased premises to present the lease to the registrar-general to allow endorsement of the assignment or sublease if—

the lessor is taken to consent to the request; and

the territory lease is necessary for registration.