Western Australian Current Acts

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6A .         Tenant guide, tenant’s rights if not in lease etc.

        (1)         Where a retail shop lease is entered into and the retail shop lease does not incorporate a tenant guide in accordance with subsection (4), the tenant may, in addition to exercising any other right, do either or both of the following —

            (a)         within 60 days after the lease was entered into, give to the landlord written notice of termination of the lease;

            (b)         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 incorporate the tenant guide in the retail shop lease in accordance with subsection (4).

        (2)         Where the tenant under a retail shop lease gives to the landlord a notice of termination under subsection (1) the lease terminates upon the expiry of a period of 14 days after the notice was given.

        (3)         In addition to exercising the tenant’s rights under subsection (1)(b), the tenant may, after the expiry of the period referred to in subsection (1)(a), apply in writing to the Tribunal for an order that the retail shop lease be terminated.

        (4)         The tenant guide shall be in the prescribed form and located in the prescribed position in the retail shop lease.

        (5)         Where the tenant under a retail shop lease (in this subsection referred to as the outgoing tenant ) assigns the lease to another person (in this subsection referred to as the incoming tenant ), nothing in this section gives to the incoming tenant a right to terminate the lease that the outgoing tenant would not have had if he or she had continued as the tenant under the lease.

        (6)         The tenant guide is not required to be included —

            (a)         on the renewal of a retail shop lease under an option (including the option arising by reason of section 13(1)); or

            (b)         on the assignment of a retail shop lease.

        [Section 6A inserted: No. 66 of 1998 s. 5.]

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