RETAIL LEASES ACT 2003 - SECT 26 Landlord's disclosure on renewal of lease

RETAIL LEASES ACT 2003 - SECT 26

S. 26(1) amended by No. 82/2005 s. 17(1).

    (1)     If—

        (a)     a tenant has exercised, or is entitled to exercise, an option to renew a retail premises lease granted under the lease; or

        (b)     all of the parties to a retail premises lease enter into an agreement to renew the lease—

the landlord must (at least 21 days before the end of the current term of the lease in the circumstances referred to in paragraph (a) and no later than 14 days after the entering into of the agreement in the circumstances referred to in paragraph (b)) give the tenant a disclosure statement in the form prescribed by the regulations (but the layout of the statement need not be the same as the prescribed disclosure statement).

Note

Section 12(3) changes the way that this section applies to certain leases (for example, the time limit in subsection (1) is changed).

S. 26(2) substituted by No. 26/2020 s. 11.

    (2)     The disclosure statement referred to in subsection (1)—

        (a)     must set out any changes to the previous disclosure statement given to the tenant in respect of the lease; and

        (b)     must include information that is current from a specified date that is within 3 months before the statement is given.

S. 26(3) substituted by No. 82/2005 s. 17(2).

    (3)     If the tenant has not been given the disclosure statement before the expiration of the relevant period specified in subsection (1), the tenant may, no later than 90 days after the expiration of the relevant period, give the landlord a written notice that the tenant has not been given the disclosure statement.

    (4)     If the tenant gives the landlord a notice in accordance with subsection (3)—

        (a)     the tenant may withhold payment of the rent until the day on which the landlord gives the tenant the disclosure statement; and

        (b)     the tenant is not liable to pay the rent attributable to the period from and including the day on which the notice was given until and including the day on which the landlord gives the tenant the disclosure statement; and

        (c)     the tenant may give the landlord a written notice of termination at any time before the end of 7 days after the landlord gives the tenant the disclosure statement.

    (5)     If any information provided by the landlord in the disclosure statement is misleading, false or materially incomplete, the tenant may give the landlord a written notice of termination at any time before the end of 28 days after—

        (a)     the tenant is given the disclosure statement; or

        (b)     the lease is renewed—

whichever happens last.

    (6)     Section 18 applies to a notice of termination given under subsection (4)(c) or (5) in the same way and to the same extent as it applies to a notice of termination given under section 17(3)(c) or (5).

Note

This section applies to the renewal, on or after its commencement, of a lease entered into before its commencement, see section 11(1).