Victorian Current Acts

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When the landlord can withhold consent to an assignment

    (1)     A landlord is only entitled to withhold consent to the assignment of a retail premises lease if one or more of the following applies—

        (a)     the proposed assignee proposes to use the retail premises in a way that is not permitted under the lease;

        (b)     the landlord considers that the proposed assignee does not have sufficient financial resources or business experience to meet the obligations under the lease;

        (c)     the proposed assignor has not complied with reasonable assignment provisions of the lease;

S. 60(1)(d) amended by No. 82/2005 s. 28.

        (d)     the assignment is in connection with a lease of retail premises that will continue to be used for the carrying on of an ongoing business and the proposed assignor has not provided the proposed assignee with business records for the previous 3 years or such shorter period as the proposed assignor has carried on business at the retail premises.

    (2)     Section 144 of the Property Law Act 1958 does not apply to or with respect to a retail premises lease to which this Act applies.

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