Victorian Numbered Acts

RETAIL LEASES (AMENDMENT) ACT 2005 (NO 82 OF 2005) - SECT 42

    (1)     In section 105 of the Principal Act, after the proposed new section 18(3) of the Retail Tenancies Reform Act 1998 insert —

    "(3A)     If a retail premises lease contains an option exercisable by the tenant to renew the lease for a further term, the only circumstances in which the option is not exercisable is if—

        (a)     the tenant has not remedied any default under the lease about which the landlord has given the tenant written notice; or

        (b)     the tenant has persistently defaulted under the lease throughout its term and the landlord has given the tenant written notice of the defaults.".

    (2)     In section 105 of the Principal Act, in the proposed new section 18(4)(c) of the Retail Tenancies Reform Act 1998 , for "at any time before the landlord notifies the tenant as required, the tenant" substitute "the tenant, whether or not the landlord has by then notified the tenant as required,".

    (3)     In section 114 of the Principal Act, after the proposed new section 14(3) of the Retail Tenancies Act 1986 insert —

    "(3A)     If a retail premises lease contains an option exercisable by the tenant to renew the lease for a further term, the only circumstances in which the option is not exercisable is if—

        (a)     the tenant has not remedied any default under the lease about which the landlord has given the tenant written notice; or

        (b)     the tenant has persistently defaulted under the lease throughout its term and the landlord has given the tenant written notice of the defaults.".

    (4)     In section 114 of the Principal Act, in the proposed new section 14(4)(c) of the Retail Tenancies Act 1986 , for "at any time before the landlord notifies the tenant as required, the tenant" substitute "the tenant, whether or not the landlord has by then notified the tenant as required,".