RETAIL AND COMMERCIAL LEASES ACT 1995 - SECT 18

RETAIL AND COMMERCIAL LEASES ACT 1995 - SECT 18

18—Warranty of fitness for purpose

        (1)         If the lessor under a retail shop lease had, before entering into the lease, notice from the lessee that the premises were required for carrying on a particular business, the lease is taken to include a warranty that the premises will, for the duration of the lease, be structurally suitable for the purpose.

        (2)         However, the warranty is excluded if the lessor gives notice of the exclusion, in the manner and form required by regulation, before execution of the retail shop lease by the lessee.

        (3)         An assignee or sub-lessee may sue on the warranty if the assignment or sublease is taken for the purpose of carrying on a business of the same kind.

        (4)         In proceedings for breach of the warranty, it is a defence for the lessor to prove—

            (a)         the premises were structurally suitable for the purpose when the retail shop lease was entered into; and

            (b)         any change in the structural suitability of the premises is not attributable to the lessor.