Western Australian Current Acts Western Australian Current Acts (1) Notwithstanding
any other written law, a retail shop lease shall be taken to grant to the
tenant a right to assign the lease, subject only to a right of the landlord to
withhold consent to an assignment on reasonable grounds.
(2) Where a tenant
under a retail shop lease has in writing requested the landlord to consent to
—
(a) an
assignment of the lease; or
(b)
where the lease provides for a sub-lease of the premises by consent, a
sub-lease of the premises,
and the landlord fails
to give notice in writing of consent or withholding of consent to the tenant
within 28 days after receiving the request, the landlord shall be taken to
have consented to the assignment or sub-lease, as the case may be.
(3) A provision in a
retail shop lease to the effect that the landlord may withhold consent to an
assignment of the lease by a tenant unless the tenant or a guarantor of the
tenant, agrees to pay any moneys that are payable under the lease by the
person to whom it is proposed to assign the lease is void.
(4) A provision in a
retail shop lease to the effect that the landlord or a person claiming through
the landlord may recover from the assignor or from a guarantor of the
assignor, any moneys that are payable under the lease by the tenant to whom
the lease has been assigned is void.
(5) In this section
—
assignor means a tenant who assigns a lease in
accordance with this section;
guarantor means a person who has guaranteed the
performance by a tenant of the tenant’s obligations under a retail shop
lease or a person who has indemnified a landlord against any loss the landlord
may incur as a result of the failure by a tenant to comply with those
obligations;
moneys payable under the lease includes moneys
recoverable by action under the lease.
[Section 10 inserted: No. 48 of 1990 s. 7;
amended: No. 66 of 1998 s. 6.]