RETAIL LEASES ACT 2003 - SECT 12 Application if lease term of less than a year

RETAIL LEASES ACT 2003 - SECT 12

    (1)     This Act does not apply to a retail premises lease for a term of less than one year.

S. 12(2) amended by No. 82/2005 s. 9(a)(b).

    (2)     However, if the term of a retail premises lease is less than one year and as a result of either or both of the following—

        (a)     the lease being renewed (one or more times);

        (b)     the lease being continued—

the tenant is continuously in possession of the retail premises for one year or more under the lease after the commencement of this section, this Act applies to the lease on and from the day on which the tenant has continuously been in possession of the retail premises for one year after that commencement.

    (3)     If this Act applies to a lease because of subsection (2)—

        (a)     section 17 (landlord's disclosure statement) does not apply to the lease; and

        (b)     section 26 (landlord's disclosure on renewal of lease) applies to the lease with these changes—

              (i)     section 26(1) is taken to provide that the landlord must give the tenant the disclosure statement referred to in that section within 60 days after this Act begins to apply to the lease;

              (ii)     section 26(3) is taken to provide that if the tenant has not been given the disclosure statement within that time, the tenant may give the landlord the notice referred to in that section no earlier than 7 days and no later than 90 days after this Act begins to apply to the lease;

              (iii)     section 26(5)(b) is taken to refer to when this Act begins to apply to the lease.