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Legislative Assembly for the ACT: 1997 Week 11 Hansard (6 November) . . Page.. 3777 ..

MR HUMPHRIES (Attorney-General) (6.06): Mr Speaker, I move:

Page 44, line 23, after clause 106, insert the following new clause:

"Notice of intention to vacate - award of compensation

106A. (1) Where a lessor receives a notice of intention to vacate before the expiration of a fixed term agreement, and the date nominated in the notice as the date on which the tenant intends to vacate is a date before the expiration of the agreement, the lessor may -

(a) accept the notice; or

(b) apply to the Tribunal for compensation for -

(i) the loss of the rent which the lessor would have received had the agreement continued to the end of its term; and

(ii) the reasonable costs of advertising the premises for lease and of giving a right to occupy the premises to another person.

(2) On application, the Tribunal may award compensation of the kind referred to in paragraph (1)(b).

(3) The amount of compensation the Tribunal may award -

(a) under subparagraph (1)(b)(i) shall not exceed an amount equal to -

(i) 25 weeks rent; or

(ii) rent in respect of the unexpired portion of the agreement;

whichever is the lesser; and

(b) under subparagraph (1)(b)(ii) shall not exceed an amount equal to 1 week's rent.

(4) In determining the amount of compensation that may be awarded in relation to the reasonable costs of advertising, the Tribunal shall have regard to when, but for the vacation of the premises -

(a) the agreement would have expired; and

(b) the lessor would have incurred those costs.".

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