Australian Capital Territory Current Acts

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LEASES (COMMERCIAL AND RETAIL) ACT 2001 - SECT 101

Refusal to consent to mortgage of lease

The lessor may refuse to consent to the mortgage of a lease requested under section 95 (Request for consent to assignment, sublease or mortgage) only if the lessor has reasonable grounds for believing that the tenant—

        (a)     is not financially sound; or

        (b)     does not have the capacity to service the proposed loan; or

        (c)     cannot otherwise meet the tenant's obligations under the mortgage.



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