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reg 12

Act s. 13C, application of

In force
Part 3Transitional regulations arising from the enactment of the Commercial Tenancy (Retail Shops) Agreements Amendment Act 2011

12 Act s. 13C, application of

(1)

Section 13C of the Act does not apply in respect of a retail shop lease if commencement day is during the period of 6 months before the option expiry day for that retail shop lease.

(2)

If a landlord is required under section 13C of the Act to notify a tenant in writing of an option expiry day and commencement day is during the period described in column 1 of the Table then that section applies in respect of the retail shop lease as if subsection (1) of that section was modified to provide that the period of time during which the landlord is required to notify the tenant was the period set out in column 2.

Table

Commencement day falls during this period

Notice required to be given by landlord during this period

Period that is more than 6 months but not more than 9 months before the option expiry day for a retail shop lease

Period that is after commencement day but before the day that is 2 months before the option expiry day for the retail shop lease

Period that is more than 9 months but not more than 12 months before the option expiry day for a retail shop lease

Period that is after commencement day but before the day that is 3 months before the option expiry day for the retail shop lease

[Regulation 12 inserted: Gazette 30 Nov 2012 p. 5839-40.]

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