RETAIL AND COMMERCIAL LEASES ACT 1995 - SECT 20D
RETAIL AND COMMERCIAL LEASES ACT 1995 - SECT 20D
20D—Preference to be accorded to existing lessee
(1) If a lessor of
premises in a retail shopping centre proposes to re-let the premises, and an
existing lessee wants a renewal or extension of the term, the lessor must give
preference to the existing lessee over other possible lessees of the premises.
(2) The lessor is to
presume that the existing lessee wants a renewal or extension of the term
unless the lessee has notified the lessor in writing within 12 months before
the end of the term that the lessee does not want a renewal or extension.
(3) However, the
lessor is not obliged to prefer an existing lessee if—
(a) the
lessor reasonably wants to change the tenancy mix in the retail
shopping centre; or
(b) the
existing lessee has been guilty of a substantial breach or persistent breaches
of the lease; or
(c) the
lessor requires vacant possession of the premises for the purposes of
demolition or substantial repairs or renovation; or
(d) the
lessor—
(i)
does not propose to re-let the premises within a period
(the
"relevant period") of at least 6 months from the end of the term; and
(ii)
requires vacant possession of the premises for the
lessor's own purposes during the relevant period (but not for the purpose of
carrying on a business of the same kind as the business carried on by the
lessee); or
(e) the
renewal or extension of the lease would substantially disadvantage the lessor;
or
(f) the
lessee's right of preference is, in the circumstances of the case, excluded by
regulation.