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RETAIL AND COMMERCIAL LEASES ACT 1995 - SECT 43

RETAIL AND COMMERCIAL LEASES ACT 1995 - SECT 43

43—Grounds on which consent to assignment can be withheld

        (1)         The lessor is entitled to withhold consent to the assignment of a retail shop lease in any of the following circumstances (and is not entitled to withhold that consent in any other circumstances):

            (a)         if the proposed assignee proposes to change the use to which the shop is put; or

            (b)         if the proposed assignee is unlikely to be able to meet the financial obligations of the lessee under the lease; or

            (c)         if the proposed assignee's retailing skills are inferior to those of the assignor; or

            (d)         if the lessee has not complied with procedural requirements for obtaining the lessor's consent 1 .

        (2)         If the lessor withholds consent to the assignment of a retail shop lease, the lessor must give the lessee a written statement of the grounds on which consent is withheld.

Note—

1         See section 45.