Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Where a retail
shop lease is entered into and the tenant has not, at least 7 days before
the entering into of the lease, been given a disclosure statement in
accordance with subsection (4) or the disclosure statement given contains
false or misleading information, 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 omission of the landlord to give a disclosure statement in
accordance with subsection (4) or of the giving of false or misleading
information by the landlord in the disclosure statement.
(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) deleted]
(4) A disclosure
statement given for the purposes of this section shall be in the prescribed
form duly completed and signed by or on behalf of the landlord and the tenant
and shall contain a statement notifying the tenant that he should seek
independent legal advice.
(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 had continued as the tenant under the lease.
(6) A disclosure
statement is not required to be given —
(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 6 amended by No. 48 of 1990
s. 5.]