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Legislative Assembly for the ACT: 2001 Week 3 Hansard (6 March) . . Page.. 636 ..
MR STANHOPE (Leader of the Opposition) (5.45): I move amendment No 19 circulated in my name [see schedule 4 part 1 at page 720].
This amendment seeks to add a subclause (6) to clause 97. Clause 97 relates to mortgagees and head lessors. As currently arranged in the bill, it provides for certain actions in relation to requirements that might apply to a tenant. For the information of members, I will read the first couple of subclauses:
(1) This section applies if the lessor-
(a) receives a request from a tenant under section 95 (Request for consent to assign, sublease or mortgage); and
(b) has a mortgagee, head lessor or both; and
(c) is required under the mortgage or head lease to obtain the consent of the mortgagee or head lessor to the assignment, sublease or mortgage of the lease.
Subclause (2) sets out certain requirements:
The lessor must tell the lessor's mortgagee, head lessor or both that the request has been made and of the terms of the request as soon as practicable after receiving the request.
It imposes obligations on the lessor. What it does not go on to do, however, is discuss the circumstance in which the head lessor or a mortgagor decides to do nothing, simply dallies and seeks to obfuscate. Proposed new subclause (6) prevents a mortgagor or head lessor from doing nothing and thereby thwarting the intentions of the section. It provides that the head lessor or mortgagor will be deemed to have consented if the head lessor or mortgagor takes no action within 14 days.
Once again, this provision ensures that a tenant will be protected against a landlord acting wilfully to subvert the intention of clause 97. It is not groundbreaking or all that startling, but it is another significant protection of the tenants in their dealings with landlords.
MS TUCKER (5.49): The Greens will be supporting this amendment. It ensures that a head lessor does not just sit on an issue in dispute and thus avoid resolving it. It seems a very sensible precautionary measure.
Amendment agreed to.
Clause 97, as amended, agreed to.
Clauses 98 to 103, by leave, taken together and agreed to.
Clause 104.
MR RUGENDYKE (5.50): I move amendment No 3 on the green sheet circulated in my name [see schedule 3 part 2 at page 711].
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