Australian Capital Territory Current Acts

LEASES (COMMERCIAL AND RETAIL) ACT 2001 - SECT 85

    (1)     This section applies if—

        (a)     leased premises are, or the building containing the premises is, damaged; and

        (b)     the tenant can use the premises (fully or in part) for their normal purpose despite the damage.

    (2)     The tenant must not refuse to pay rent or outgoings while the premises are, or the building is, damaged unless the Magistrates Court decides otherwise.

    (3)     The tenant may apply to the Magistrates Court for an order for payment of a lower amount of rent or outgoings than is required by the lessor.

    (4)     This section does not apply to the extent (if any) to which the lessor and tenant agree to the payment, or reduced payment, of rent or outgoings after the premises are, or the building is, damaged.