RETAIL AND COMMERCIAL LEASES ACT 1995 - SECT 20J

RETAIL AND COMMERCIAL LEASES ACT 1995 - SECT 20J

20J—Notice to lessee of lessor's intentions at end of lease

        (1)         Not less than 6 months, and not more than 12 months, before the end of the term of a lease, the lessor must by written notice to the lessee either—

            (a)         offer the lessee a renewal or extension of the lease on terms and conditions specified in the notice; or

            (b)         inform the lessee that the lessor does not propose to offer a renewal or extension of the lease.

        (2)         A notice under subsection (1)(b) may include other information about the lessor's intentions (for example, that the lessor intends to allow the lessee to remain in possession of the shop as a periodic tenant under a provision of the lease for holding over, or as a tenant at will).

        (3)         An offer under subsection (1) is not capable of revocation for one month after it is made.

        (4)         If the lessor fails to give a notification to the lessee as required by this section and the lessee by notice in writing to the lessor given before the end of the term of the lease requests an extension of the lease under this section, the term of the lease is extended until the end of six months after the lessor gives the required notice.

        (5)         During an extension of the lease under subsection (4), the lessee may terminate the lease by giving not less than one month's notice of the termination in writing to the lessor.

        (6)         If the term of a retail shop lease is 12 months or less, this section applies to the lease as if the periods of 12 months and 6 months referred to in the above provisions were reduced by one-half.