Queensland Consolidated Acts

RETAIL SHOP LEASES ACT 1994 - SECT 50

50 Retail tenancy disputes between lessors and lessees about assignments of leases

(1) A retail tenancy dispute exists between a lessor and lessee under a retail shop lease if—

(a) under the lease, the lessee may assign the lease only with the lessor’s consent; and

(b) the lessee has given the lessor full particulars of a proposed assignment of the lease and asked the lessor, in writing, to consent to it; and

(c) the lessor has not given an answer to the lessee within 1 month after the request and the particulars are given to the lessor.

(2) A retail tenancy dispute also exists between a lessor and lessee under a retail shop lease if, in relation to consenting to an assignment of a retail shop lease, the lessor—

(a) purports or seeks to impose on the prospective assignee as lessee, an obligation that is not the lessee’s obligation under the lease; or

(b) purports or seeks to withdraw from the prospective assignee a right conferred on the lessee under the lease; or

(c) purports or seeks to impose, as a condition for consenting to the assignment, a condition that the lessee considers unreasonable.

(3) To remove any doubt, this section does not limit the circumstances in which a retail tenancy dispute may exist between a lessor and lessee under a retail shop lease.