Meaning of renewal of a lease
9 Meaning of renewal of a lease
In this Act, the renewal of a retail premises lease means the renewal of the lease—
under an option granted under the lease for a further term; or
S. 9(1)(b) amended by No. 82/2005 s. 8.
under an agreement to renew the lease on substantially the same terms and conditions, except as to rent, for a further term entered into by all of the parties to the lease.
However, if—
after a retail premises lease expires, there is a break in the tenant's possession of the premises; and
the tenant resumes possession of the premises for a further term (whether or not on the same terms and conditions as under the expired lease)—
the resumption of possession of the premises is taken not to be a renewal of the expired lease and is instead taken to be the entering into of a new lease for the purposes of this Act.
The renewal of a retail premises lease is not to be taken to be the entering into of a retail premises lease for the purposes of section 17 (landlord's disclosure statement).
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