Commercial Tenancy (Retail Shops) Agreements Act 1985

Where a retail shop lease does not provide, whether directly or by operation of section 13, an option or a further option of renewal of the lease and the tenant, within 12 months before the expiry of the lease, in writing requests from the landlord a statement of the intentions of the landlord as to renewal or further renewal of the lease, the landlord shall within 30 days after receiving the request —

give a statement in writing of his intentions to the tenant; and

subject to subsection (2), where he intends to offer a renewal or further renewal of the lease, specify in that statement the terms and conditions proposed.

A landlord who gives a statement under subsection (1) is not required to specify the rent proposed to be charged until 3 months before the expiry of the lease.

Where there is a period after the expiry of the 30 days referred to in subsection (1) during which the landlord fails to comply with subsection (1)(a) and (b) or (2), the expiry of the term of the lease is deemed to be extended by a period equal to that period of noncompliance.

A lease may be terminated during a period by which it is deemed to be extended under subsection (3) by the tenant giving written notice of termination of the lease to the landlord specifying a day that is —

on or after the date on which the term of the lease ends; and

before the date until which the lease is deemed to be extended under subsection (3).

If the tenant gives the landlord a notice of termination under subsection (4A), the lease terminates on the day specified in the notice.

If a lease is renewed because of subsection (3) after the term of the lease ends, the lease for the further term commences on the expiry of the previous lease, disregarding for this purpose any period during which that lease is deemed to be extended because of that subsection.

A landlord is bound by an offer made by him under subsection (1) to renew or further renew the lease if the tenant, within 30 days after receiving the offer, gives to the landlord notice in writing of acceptance of the offer on the terms and conditions proposed by the landlord.

A proposal as to rent to be charged which is submitted to the tenant after he has been given a statement under subsection (1) is to be taken to be an offer for the purposes of subsection (4).

[Section 13B inserted: No. 48 of 1990 s. 12; amended: No. 59 of 2011 s. 12.]

13C. Lease with option to renew, when option ceases to be exercisable etc.

If a retail shop lease provides, whether directly or by operation of section 13, an option or a further option of renewal of the lease exercisable by the tenant, the landlord must notify the tenant in writing of the date after which the option is no longer exercisable —

at least 6 months; and

no more than 12 months,

before that date but is not required to do so if the tenant exercises, or purports to exercise, the option before being notified of the date.

If subsection (1) requires the landlord to notify the tenant but the landlord fails to do so within the time specified by that subsection —

the retail shop lease is taken to provide that the date after which the option is no longer exercisable is instead 6 months after the landlord notifies the tenant as required; and

if that date is after the term of the lease ends, the lease continues until that date (on the same terms and conditions as applied immediately before the lease term ends); and

the tenant, whether or not the landlord has by then notified the tenant as required, may give written notice of termination of the lease to the landlord specifying a day that is —

on or after the date on which the term of the lease ends; and

before the date until which the lease would otherwise have continued because of paragraph (b).

If the tenant gives the landlord a notice of termination under subsection (2)(c), the lease terminates on the day specified in the notice.

If an option to renew is exercised because of subsection (2)(b) after the term of the lease ends, the lease for the further term commences on the expiry of the previous lease, disregarding for this purpose any period during which that lease continued because of that subsection.

[Section 13C inserted: No. 59 of 2011 s. 13.]