Commercial Tenancy (Retail Shops) Agreements Act 1985

6. Disclosure statement, tenant’s rights if not given by landlord etc.

Where a retail shop lease is entered into and the tenant has not, at least 7 days before the entering into of the lease, been given a disclosure statement in accordance with subsection (4) or the disclosure statement given is incomplete or contains false or misleading information, the tenant may, in addition to exercising any other right, do either or both of the following —

within 6 months after the lease was entered into give to the landlord written notice of termination of the lease, unless subsection (3) prevents termination;

apply in writing to the Tribunal for an order that the landlord pay compensation to the tenant in respect of pecuniary loss suffered by the tenant as a result of —

the omission of the landlord to give a disclosure statement in accordance with subsection (4); or

the giving of an incomplete disclosure statement by the landlord; or

the giving of false or misleading information by the landlord in the disclosure statement.

Where the tenant under a retail shop lease gives to the landlord a notice of termination under subsection (1) the lease terminates upon the expiry of a period of 14 days after the notice was given.

A tenant cannot terminate a lease under this section on the ground that the tenant has been given a disclosure statement that is incomplete or contains false or misleading information if —

the landlord has acted honestly and reasonably and ought reasonably to be excused for the failure concerned; and

the tenant is in substantially as good a position as the tenant would have been if the statement had been complete or had not contained the false or misleading information.

A disclosure statement given for the purposes of this section shall be in the prescribed form duly completed and signed by or on behalf of the landlord and the tenant and shall contain a statement notifying the tenant that he should seek independent legal advice.

Where the tenant under a retail shop lease (in this subsection referred to as the outgoing tenant) assigns the lease to another person (in this subsection referred to as the incoming tenant), nothing in this section gives to the incoming tenant a right to terminate the lease that the outgoing tenant would not have had if he had continued as the tenant under the lease.

A disclosure statement is not required to be given —

on the renewal of a retail shop lease under an option (including the option arising by reason of section 13(1)); or

on the assignment of a retail shop lease.

[Section 6 amended: No. 48 of 1990 s. 5; No. 59 of 2011 s. 7.]

6A. Tenant guide, tenant’s rights if not in lease etc.

Where a retail shop lease is entered into and the retail shop lease does not incorporate a tenant guide in accordance with subsection (4), the tenant may, in addition to exercising any other right, do either or both of the following —

within 60 days after the lease was entered into, give to the landlord written notice of termination of the lease;

apply in writing to the Tribunal for an order that the landlord pay compensation to the tenant in respect of pecuniary loss suffered by the tenant as a result of the failure to incorporate the tenant guide in the retail shop lease in accordance with subsection (4).

Where the tenant under a retail shop lease gives to the landlord a notice of termination under subsection (1) the lease terminates upon the expiry of a period of 14 days after the notice was given.

In addition to exercising the tenant’s rights under subsection (1)(b), the tenant may, after the expiry of the period referred to in subsection (1)(a), apply in writing to the Tribunal for an order that the retail shop lease be terminated.

The tenant guide shall be in the prescribed form and located in the prescribed position in the retail shop lease.

Where the tenant under a retail shop lease (in this subsection referred to as the outgoing tenant) assigns the lease to another person (in this subsection referred to as the incoming tenant), nothing in this section gives to the incoming tenant a right to terminate the lease that the outgoing tenant would not have had if he or she had continued as the tenant under the lease.

The tenant guide is not required to be included —

on the renewal of a retail shop lease under an option (including the option arising by reason of section 13(1)); or

on the assignment of a retail shop lease.

[Section 6A inserted: No. 66 of 1998 s. 5.]