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Legislative Assembly for the ACT: 2001 Week 3 Hansard (6 March) . . Page.. 701 ..
40
Clause 104
Subclause (6)
Page 51, line 29-
Omit the subclause.41
Clause 105
Paragraph (2) (b)
Page 53, line 5-
Omit "Magistrates Court", substitute "tenancy tribunal".42
Clause 105
Subclause (3)
Page 53, line 6-
Omit "Magistrates Court", substitute "tenancy tribunal".43
Clause 105
Subclause (5)
Page 53, line 10-
Omit "Magistrates Court", substitute "tenancy tribunal".44
Proposed new clause 105A
Page 53, line 12-
After clause 105, insert the following new clause:105A Preference to be given to existing tenant
(1) If the lessor proposes to re-lease the premises and the tenant wants to renew or extend the term of the lease, the lessor must give preference under this section to the tenant over other possible tenants for the premises, particularly if there is substantial goodwill in relation to the tenant's business at the premises.(2) The lessor must assume the tenant wants a renewal or extension of the term of the lease unless the tenant has told the lessor in writing (otherwise than in the lease) within 12 months before the end of the term that the tenant does not want a renewal or extension.
(3) Unless the tenant has told the lessor within that 12 months that the tenant does not want to renew or extend the term of the lease, the lessor must begin genuine negotiations with the tenant for a renewal or extension of the lease-
(a) for a lease longer than 1 year-at least 6 months, and not longer than 12 months, before the end of the term of the lease; or
(b) in any other case-at least 3 months, and not longer than 6 months, before the end of the term of the lease.
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