Western Australian Current Acts

COMMERCIAL TENANCY (RETAIL SHOPS) AGREEMENTS ACT 1985 - SECT 12C

12C .         Opening hours, provision in lease for is void etc.

        (1)         A provision in a retail shop lease which requires a tenant to open the retail shop the subject of the lease at specified hours or specified times is void.

        (2)         Where —

            (a)         a landlord has refused to renew a retail shop lease; and

            (b)         the tenant under the retail shop lease believes that the refusal was because the tenant did not open the retail shop the subject of the lease at specified hours or specified times,

                the tenant may apply in writing to the Tribunal for an order that the landlord pay compensation to the tenant in respect of pecuniary loss suffered by the tenant as a result of the failure to renew the retail shop lease.

        [Section 12C inserted: No. 66 of 1998 s. 9.]