Victorian Current Acts

RETAIL LEASES ACT 2003 - SECT 9

    (1)     In this Act, the renewal of a retail premises lease means the renewal of the lease—

        (a)     under an option granted under the lease for a further term; or

S. 9(1)(b) amended by No. 82/2005 s. 8.

        (b)     under an agreement to renew the lease on substantially the same terms and conditions, except as to rent, for a further term entered into by all of the parties to the lease.

    (2)     However, if—

        (a)     after a retail premises lease expires, there is a break in the tenant's possession of the premises; and

        (b)     the tenant resumes possession of the premises for a further term (whether or not on the same terms and conditions as under the expired lease)—

the resumption of possession of the premises is taken not to be a renewal of the expired lease and is instead taken to be the entering into of a new lease for the purposes of this Act.

    (3)     The renewal of a retail premises lease is not to be taken to be the entering into of a retail premises lease for the purposes of section 17 (landlord's disclosure statement).