Queensland Consolidated Acts

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RETAIL SHOP LEASES ACT 1994 - SECT 36A

Ratchet rent provision void

36A Ratchet rent provision void

(1) Subsection (2) applies if a retail shop lease provides a basis for rent review under which the rent may be varied, including by a decrease, but the lease includes a ratchet rent provision.
(2) The ratchet rent provision is void.
(3) However, if, under a retail shop lease, a major lessee gives a notice under section 27 (8) , a ratchet rent provision that would otherwise be void is not void.
(4) In this section—

"ratchet rent provision" means any provision of a retail shop lease to the extent that it—
(a) prevents, or enables the lessor or another person to prevent, the rent decreasing under a rent review; or
(b) limits or specifies, or allows the limitation or specification of, the amount by which the rent may decrease under a rent review; or
(c) prevents, or allows the avoidance of, the rent review by the lessor or another person for a purpose mentioned in paragraph (a) or (b) .



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