Retail Shop Leases Act 1994

An agreement under a retail shop lease or under an assignment of a retail shop lease about compensation payable under this division is void to the extent it limits the amount of compensation.

However, a provision of a retail shop lease may limit a claim for compensation for an anticipated disturbance that occurs within 1 year from the date the lease is entered into if, before the lease is entered into, the lessor gives the lessee a written notice.

The notice must include the following particulars—

a specific description of the nature of the anticipated disturbance on the lessee;

a statement assessing the likelihood of the anticipated disturbance occurring, including an indication of the basis on which the assessment was reached;

a statement of the timing, duration and effect of the anticipated disturbance, so far as they can be predicted.

A notice that includes a general statement to the effect that an anticipated disturbance may occur without setting out the particulars referred to in subsection (3) is not a notice for the purpose of subsection (2).

In this section—