RETAIL AND COMMERCIAL LEASES ACT 1995 - SECT 39
RETAIL AND COMMERCIAL LEASES ACT 1995 - SECT 39
(1) If a retail shop
lease provides for termination of the lease on the grounds of proposed
demolition of the building of which the retail shop forms part, the lease is
taken to include provision to the following effect:
(a) the
lease cannot be terminated on that ground unless and until the lessor has
provided the lessee with details of the proposed demolition sufficient to
indicate a genuine proposal to demolish that building within a reasonably
practicable time after the lease is to be terminated;
(b) the
lease cannot be terminated by the lessor on that ground without at least six
months written notice of termination;
(c) if
notice of termination on that ground is given to the lessee, the lessee may
terminate the lease by giving the lessor not less than seven days written
notice of termination at any time within six months before the termination
date notified by the lessor.
(2) If the lease is
for a term of 12 months or less, the period of six months in
subsection (1)(b) and (c) is shortened in each case to three months.
(3) If a
retail shop lease is terminated on such a ground and demolition of the
building is not carried out within a reasonably practicable time after the
termination date notified by the lessor, the lessor is liable to pay the
lessee reasonable compensation for damage suffered by the lessee as a
consequence of the early termination of the lease, unless the lessor
establishes that at the time notice of termination was given by the lessor
there was a genuine proposal to demolish the premises within that time.