Northern Territory Consolidated Acts

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BUSINESS TENANCIES (FAIR DEALINGS) ACT 2003 - SECT 56

Information to be provided to proposed assignee and landlord

A retail shop lease is taken to include the following provisions:

        (a)     before requesting the consent of the landlord to a proposed assignment of the lease, the tenant must provide to the proposed assignee:

            (i)     a copy of the most recent landlord's disclosure statement given to the tenant in respect of the lease; and

            (ii)     details of changes that have occurred in respect of the information contained in the landlord's disclosure statement since it was given to the tenant (being changes of which the tenant is aware or could reasonably be expected to be aware);

        (b)     the tenant may provide the proposed assignee with an assignor's disclosure statement;

        (c)     if the assignment is in connection with the lease of a retail shop that will continue to be an ongoing business – the tenant must provide the landlord and proposed assignee with an assignor's disclosure statement;

        (d)     an assignor's disclosure statement is a statement that contains or has attached the information or material specified in the form prescribed by the Regulations, but the layout of the statement need not comply with that of the prescribed form;

        (e)     to enable the tenant to comply with paragraph (a):

            (i)     the tenant is entitled to request the landlord to provide the tenant with a copy of the relevant disclosure statement; and

            (ii)     the landlord must comply with the request within 14 days after it is made.



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