Retail tenancy disputes between lessors and lessees about assignments of leases
50 Retail tenancy disputes between lessors and lessees about assignments of leases
A retail tenancy dispute exists between a lessor and lessee under a retail shop lease if—
under the lease, the lessee may assign the lease only with the lessor’s consent; and
the lessee has given the lessor full particulars of a proposed assignment of the lease and asked the lessor, in writing, to consent to it; and
the lessor has not given an answer to the lessee within 1 month after the request and the particulars are given to the lessor.
A retail tenancy dispute also exists between a lessor and lessee under a retail shop lease if, in relation to consenting to an assignment of a retail shop lease, the lessor—
purports or seeks to impose on the prospective assignee as lessee, an obligation that is not the lessee’s obligation under the lease; or
purports or seeks to withdraw from the prospective assignee a right conferred on the lessee under the lease; or
purports or seeks to impose, as a condition for consenting to the assignment, a condition that the lessee considers unreasonable.
To remove any doubt, this section does not limit the circumstances in which a retail tenancy dispute may exist between a lessor and lessee under a retail shop lease.
This Act’s bill:Explanatory memorandum
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