Victorian Current Acts Victorian Current Acts(1) A retail premises lease is taken to provide as set out in this section.
(2) A request for the landlord's consent to an assignment of the lease must be in writing and the tenant must provide the landlord with such information as the landlord reasonably requires about the financial resources and business experience of the proposed assignee.
(3) Before requesting the landlord's consent, the tenant must give the proposed assignee—
(a) a copy of any disclosure statement given to the tenant concerning the lease; and
(b) details of any changes of which the tenant is aware, or could reasonably be expected to be aware, that have affected the information in the disclosure statement since it was given to the tenant.
Penalty: 10 penalty units.
S. 61(4) repealed by No. 82/2005 s. 29(1).
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(5) For the purpose of complying with subsection (3), the tenant may ask the landlord to give the tenant a disclosure statement that is current from a specified date that is within 3 months before the statement is given and, if the landlord does not give the tenant such a statement within 14 days—
(a) the tenant is not required to comply with that subsection; and
(b) the landlord is guilty of an offence and liable to a fine not exceeding 10 penalty units.
S. 61(5A) inserted by No. 82/2005 s. 29(2).
(5A) If the assignment is in connection with the lease of retail premises that will continue to be used for the carrying on of an ongoing business, the tenant must give the landlord and the proposed assignee a disclosure statement in the form prescribed by the regulations (but the layout of the statement need not be the same as the prescribed disclosure statement).
(6) The landlord must deal expeditiously with a request for consent and is taken to have consented to the assignment if—
(a) the tenant has complied with this section; and
(b) the landlord has not, within 28 days after the request was made, given written notice to the tenant consenting or withholding consent.