Northern Territory Consolidated Acts

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BUSINESS TENANCIES (FAIR DEALINGS) ACT 2003 - SECT 20

Tenant may terminate for landlord's failure to disclose

    (1)     A tenant may terminate a retail shop lease by notice in writing to the landlord at any time within 6 months after the lease was entered into if:

        (a)     the tenant has not been given a landlord's disclosure statement under section 19(1); or

        (b)     subject to subsection (2), the landlord's disclosure statement given to the tenant is incomplete or contains information that at the time it was given was materially false or misleading.

    (2)     A tenant cannot terminate the lease under subsection (1)(b) if:

        (a)     the landlord has acted honestly and reasonably and ought reasonably to be excused for giving an incomplete landlord's disclosure statement or information that is materially false or misleading; and

        (b)     the tenant is in substantially as good a position as the tenant would have been if the landlord's disclosure statement had been complete or the information had not been materially false or misleading.

    (3)     The termination of a lease under this section does not affect any right, privilege, obligation or liability acquired, accrued or incurred under the lease in respect of any period before its termination.



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