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.