Western Australian Current Acts Western Australian Current Acts (1) Where a retail
shop lease does not provide, whether directly or by operation of section 13,
an option or a further option of renewal of the lease and the tenant, within
12 months before the expiry of the lease, in writing requests from the
landlord a statement of the intentions of the landlord as to renewal or
further renewal of the lease, the landlord shall within 30 days after
receiving the request —
(a) give
a statement in writing of his intentions to the tenant; and
(b)
subject to subsection (2), where he intends to offer a renewal or further
renewal of the lease, specify in that statement the terms and conditions
proposed.
(2) A landlord who
gives a statement under subsection (1) is not required to specify the rent
proposed to be charged until 3 months before the expiry of the lease.
(3) Where there is a
period after the expiry of the 30 days referred to in subsection (1) during
which the landlord fails to comply with subsection (1)(a) and (b) or (2), the
expiry of the term of the lease is deemed to be extended by a period equal to
that period of noncompliance.
(4A) A lease may be
terminated during a period by which it is deemed to be extended under
subsection (3) by the tenant giving written notice of termination of the lease
to the landlord specifying a day that is —
(a) on
or after the date on which the term of the lease ends; and
(b)
before the date until which the lease is deemed to be extended under
subsection (3).
(4B) If the tenant
gives the landlord a notice of termination under subsection (4A), the lease
terminates on the day specified in the notice.
(4C) If a lease is
renewed because of subsection (3) after the term of the lease ends, the lease
for the further term commences on the expiry of the previous lease,
disregarding for this purpose any period during which that lease is deemed to
be extended because of that subsection.
(4) A landlord is
bound by an offer made by him under subsection (1) to renew or further renew
the lease if the tenant, within 30 days after receiving the offer, gives to
the landlord notice in writing of acceptance of the offer on the terms and
conditions proposed by the landlord.
(5) A proposal as to
rent to be charged which is submitted to the tenant after he has been given a
statement under subsection (1) is to be taken to be an offer for the purposes
of subsection (4).
[Section 13B inserted: No. 48 of 1990 s. 12;
amended: No. 59 of 2011 s. 12.]