What protection do the unconscionable conduct provisions of the Retail Leases Act 2003 provide?
Part 9 of the Retail Leases Act 2003 provides that both landlords and tenants are prohibited from engaging in unconscionable conduct against the other. Factors that may be taken into account include the relative strengths of the bargaining positions of the parties, the extent to which the parties acted in good faith, and the extent to which the parties were not reasonably willing to negotiate the rent under the lease. For further details, contact the VSBC on (03) 9651 9316, or refer to sections 76-80 of the Retail Leases Act 2003.
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