RETAIL AND COMMERCIAL LEASES ACT 1995 - SECT 45
RETAIL AND COMMERCIAL LEASES ACT 1995 - SECT 45
45—Procedure for obtaining consent to assignment
A retail shop lease is taken to include the following provisions:
(a) a
request for the lessor's consent to an assignment of the lease must be made in
writing and the lessee must provide the lessor with information the lessor
reasonably requires about the use to which the proposed assignee proposes to
put the shop and the financial standing and business experience of the
proposed assignee;
(b)
before requesting the consent of the lessor to a proposed assignment of the
lease, the lessee must furnish the proposed assignee with a copy of any
disclosure statement given to the lessee in respect of the lease, together
with details of any changes that have occurred in respect of the information
contained in that disclosure statement since it was given to the lessee (being
changes of which the lessee is aware or could reasonably be expected to be
aware);
(c) for
the purpose of enabling the lessee to comply with paragraph (b), the
lessee is entitled to request the lessor to provide the lessee with a copy of
the disclosure statement concerned and, if the lessor is unable or unwilling
to comply with such a request within 14 days after it is made,
paragraph (b) does not apply to the lessee;
(d) the
lessor must deal expeditiously with a request for consent and is taken to have
consented to the assignment if the lessee has complied with
paragraphs (a) and (b) and the lessor has not within 42 days after the
request was made given notice in writing to the lessee either consenting or
withholding consent.