When retail leases near their expiry, the lessor has certain obligations under s44 of the Retail Leases Act 1994 to give the lessee notice of their intention to either renew or terminate the lease upon its expiration. Under the Act, the lessor must give written notice of their intentions to the lessee no less than six months before the expiry of the lease.

In the case of Anka (Civic Centre) Pty Ltd v Sahyoun (2014) NSWSC 17 the court discussed the consequences of failing to comply with s44, and held that as per s44(3) of the Act, failure to give notice will result in the lease being extended until six months after the proper notice is given. Notably, the court held that the notice required does not have to expressly refer to s44, as long as it manifests the lessor’s intention.

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