Northern Territory Consolidated Acts

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BUSINESS TENANCIES (FAIR DEALINGS) ACT 2003 - SECT 18

Right to compensation for pre-lease misrepresentations

    (1)     A party to a retail shop lease is liable to pay another party to the lease (the injured party ) reasonable compensation for damage suffered by the injured party that is attributable to the injured party's entering into the lease as a result of:

        (a)     a false or misleading statement; or

        (b)     a false or misleading representation;

knowingly made by the party or a person acting under the party's authority.

    (2)     The giving of a landlord's disclosure statement to a prospective tenant under a retail shop lease is taken to be the making of a representation by the landlord to the tenant as to the information in the disclosure statement.

    (3)     The making of a representation by a prospective tenant in a tenant's disclosure statement given to a prospective landlord under a retail shop lease:

        (a)     that the prospective tenant has sought independent advice; or

        (b)     as to statements or representations relied on by the prospective tenant in entering the lease;

is taken to be the making of a representation by a tenant to the landlord.

    (4)     This section extends to apply to a statement or representation made before the commencement of this section.



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