Tenants to be given notice of alterations and refurbishments
49 Tenants to be given notice of alterations and refurbishments
Subject to subsection (3), a retail lease is taken to provide that a landlord must not commence an alteration or refurbishment of the building or a retail shopping centre, of which the retail premises form a part, that is likely to adversely affect the business of the tenant, unless – the landlord has notified the tenant in writing of the proposed alteration or refurbishment at least 60 days before it is commenced; or the alteration or refurbishment is necessary because of an emergency and the landlord has given the tenant the maximum period of notice that is reasonably practicable in the circumstances.
A landlord must not commence an alteration or refurbishment of a building or a retail shopping centre, as referred to in subsection (1), unless the landlord has provided notice to the tenant in accordance with that subsection. In the case of – a body corporate, a fine not exceeding 50 penalty units; and an individual, a fine not exceeding 25 penalty units.
This section does not apply to routine maintenance or routine repairs.
This Act’s bill:Explanatory notesSecond reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.