Western Australian Current Acts Western Australian Current Acts (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.]