Western Australian Current Acts

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

12D .         Tenants’ association etc., provision in lease preventing tenant from forming etc. is void etc.

        (1)         A provision in a retail shop lease is void to the extent that it has the effect of preventing or restricting the tenant from forming, joining or taking part in any activities of a tenants’ association, chamber of commerce or similar body.

        (2)         If a tenant under a retail shop lease —

            (a)         forms or joins; or

            (b)         proposes to form or join,

                a tenants’ association, chamber of commerce or similar body, the landlord is not to treat or propose to treat the tenant less favourably than a tenant in similar circumstances who does not do or propose to do any of those things.

        (3)         A tenant under a retail shop lease may apply in writing to the Tribunal in respect of a failure by the landlord to comply with subsection (2) for one or both of the following orders —

            (a)         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;

            (b)         an order that the landlord do, or refrain from doing, anything specified in the application.

        [Section 12D inserted: No. 47 of 2006 s. 22.]