RETAIL LEASES ACT 2003 - SECT 64 Notice of the landlord's intentions concerning renewal

RETAIL LEASES ACT 2003 - SECT 64

    (1)     This section applies if the tenant under a retail premises lease does not have an option under the lease to renew the lease for a further term.

    (2)     The landlord must, at least 6 months but no more than 12 months before the lease term ends, give written notice to the tenant—

        (a)     offering the tenant a renewal of the lease on the terms specified in the notice (including a term setting out the rent); or

        (b)     informing the tenant that the landlord does not propose to offer the tenant a renewal of the lease.

    (3)     An offer to renew the lease cannot be revoked without the tenant's consent for 60 days after it is made.

    (4)     If the landlord fails to comply with subsection (2)—

        (a)     the landlord must give the tenant a notice containing the same information as the notice the landlord was required to give under subsection (2); and

        (b)     the lease continues (on the same terms and conditions as applied immediately before the lease term ends) until—

              (i)     the day specified in the notice that the landlord is required to give under paragraph (a) (which must be at least 6 months after the notice is given to the tenant); or

              (ii)     if the tenant gives the landlord a notice under subsection (5), the day specified in that notice.

S. 64(5) amended by No. 82/2005 s. 31.

    (5)     If the landlord fails to comply with subsection (2), the tenant may, whether or not the landlord has given the tenant a notice as required under subsection (4)(a), give written notice to the landlord terminating the lease from a day that is not earlier than the day on which the term of the lease expires.

Part 8—Additional requirements for retail shopping centres