Queensland Consolidated Acts

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RETAIL SHOP LEASES ACT 1994 - SECT 36A

36A Ratchet rent provision void

(1) Subsection (2) applies if a retail shop lease provides a basis for rent review under which the rent may be varied, including by a decrease, but the lease includes a ratchet rent provision.

(2) The ratchet rent provision is void.

(3) In this section—

ratchet rent provision means any provision of a retail shop lease to the extent that it—

(a) prevents, or enables the lessor or another person to prevent, the rent decreasing under a rent review; or
(b) limits or specifies, or allows the limitation or specification of, the amount by which the rent may decrease under a rent review; or
(c) prevents, or allows the avoidance of, the rent review by the lessor or another person for a purpose mentioned in paragraph (a) or (b).


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