Lessee’s obligations to make particular payments
24 Lessee’s obligations to make particular payments
A retail shop lease must not contain a provision requiring the lessee to make any payment other than for the following—
rent;
if specified in the lease, the following—
the lessor’s outgoings, or the specified part of the lessor’s outgoings, for the retail shopping centre or leased building in which the leased shop is situated;
damages for breach of a term of the lease;
an indemnity given by the lessee to the lessor for loss or damage suffered by the lessor as a result of the actions or omissions of the lessee or a person acting for the lessee;
subject to subsection (3), interest on arrears of rent or outgoings;
the lessor’s reasonable legal or other expenses incurred in responding to a request by the lessee for—
a variation of the lease, including, for example, a rent concession; or
the lessor’s consent to the lessee entering into a sublease or licence with another person in relation to the leased shop.
Subsection (1) applies whether the provision requires payment to be made—
to the lessor or someone else; or
by the lessee or someone else.
Example of subsections (1) and (2)—
A provision of a retail shop lease requiring a lessee to pay the lessor’s land tax or to reimburse the lessor for land tax (regardless of by whom, or to whom, the payment is to be made) is void under section 17.
A retail shop lease may contain a provision requiring the lessee to make a payment for interest on arrears of rent or outgoings only if the interest rate, or the way in which the interest rate is to be calculated, is stated in the lease.
Subsection (1) has effect subject to the following sections—
• section 24A
• section 34
• section 39(2)
• section 40
• section 41
• section 48.
This Act’s bill:Explanatory memorandum
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