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LEASES (COMMERCIAL AND RETAIL) ACT 2001 - SECT 138 Relocation for repairs, refurbishment, redevelopment or extension

LEASES (COMMERCIAL AND RETAIL) ACT 2001 - SECT 138

Relocation for repairs, refurbishment, redevelopment or extension

    (1)     The lessor must not use a provision of a lease that allows the tenant to be relocated within the shopping centre because of proposed repairs or a proposed refurbishment, redevelopment or extension unless—

        (a)     the proposed repairs, refurbishment, redevelopment or extension of the shopping centre that contains the tenant's premises cannot practicably be carried out without vacant possession of the tenant's premises; and

        (b)     the lessor presents the tenant with a plan for the repairs, refurbishment, redevelopment or extension.

    (2)     If the lessor uses a provision of a lease that allows the tenant to be relocated within the shopping centre, the lessor must ensure that the proposed repairs, refurbishment, redevelopment or extension is carried out within a reasonable time after the relocation of the tenant.