Western Australian Current Acts Western Australian Current Acts (1) If a retail shop
lease provides, whether directly or by operation of section 13, an option or a
further option of renewal of the lease exercisable by the tenant, the landlord
must notify the tenant in writing of the date after which the option is no
longer exercisable —
(a) at
least 6 months; and
(b) no
more than 12 months,
before that date but
is not required to do so if the tenant exercises, or purports to exercise, the
option before being notified of the date.
(2) If subsection (1)
requires the landlord to notify the tenant but the landlord fails to do so
within the time specified by that subsection —
(a) the
retail shop lease is taken to provide that the date after which the option is
no longer exercisable is instead 6 months after the landlord notifies the
tenant as required; and
(b) if
that date is after the term of the lease ends, the lease continues until that
date (on the same terms and conditions as applied immediately before the lease
term ends); and
(c) the
tenant, whether or not the landlord has by then notified the tenant as
required, may give written notice of termination of the lease to the landlord
specifying a day that is —
(i)
on or after the date on which the term of the lease ends;
and
(ii)
before the date until which the lease would otherwise
have continued because of paragraph (b).
(3) If the tenant
gives the landlord a notice of termination under subsection (2)(c), the lease
terminates on the day specified in the notice.
(4) If an option to
renew is exercised because of subsection (2)(b) 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
continued because of that subsection.
[Section 13C inserted: No. 59 of 2011 s. 13.]