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RETAIL SHOP LEASES ACT 1994 - SECT 28A
Parties’ submissions to specialist retail valuer
28A Parties’ submissions to specialist retail valuer
(1) This section applies if the current market rent under a retail shop lease
is to be determined by a specialist retail valuer under section 28 .
(2) The
valuer must advise the lessor and lessee that the lessor and lessee may give
the valuer a submission about the current market rent of the leased shop by a
stated date decided by the valuer (the
"submission date" ).
(3) The submission date must be not less than 14 days
after the valuer is agreed to or appointed under section 28 .
(4) If the
lessor or lessee does not give a submission to the valuer by the
submission date, the lessor or lessee is taken to have not made a submission
for the purposes of this section or section 29 (1) (c) (ii) .
(5) A lessor or
lessee who gives a submission to the valuer must also give a copy of it to the
other party by the submission date.
(6) A lessor or lessee who receives a
copy of a submission may give the valuer a written response to it.
(7) The
response must be given by a stated date decided by the valuer (the
"response date" ) that is reasonable in the circumstances.
(8) If the lessor
or lessee does not give a response to the valuer by the response date, the
lessor or lessee is taken to have not made a response for the purposes of this
section or section 29 (1) (c) (ii) .
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