Australian Capital Territory Current Acts

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LEASES (COMMERCIAL AND RETAIL) ACT 2001 - SECT 119

Lessor may contest termination

    (1)     The lessor may, within 14 days after being served with a termination notice, contest the termination by application to the Magistrates Court.

    (2)     The only ground for contesting a termination under this section is that—

        (a)     the lessor acted honestly and reasonably and ought reasonably to be excused for doing the thing that constituted the ground for termination under section 117 (Right to terminate—no disclosure statement etc) or section 118 (Failure to notify material change in disclosure statement); and

        (b)     the tenant is substantially in as good a position as the tenant would have been in had the lessor not done the thing.



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