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Business Tenancies (Fair Dealings) Act 2003
11Meaning of renewal of lease
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11 Meaning of renewal of lease
(1) A reference in this Act to the renewal of a retail shop lease is a
reference to the renewal of the lease:
(a) under an option granted under the lease for a further term; or
(b) under an agreement to renew the lease for a further term
entered into by all the parties to the lease.
(2) If:
(a) after a retail shop lease expires, there is a break in the
tenant's possession of the retail shop; and
(b) the tenant resumes possession of the retail shop for a further
term (whether or not on the same terms and conditions as
under the expired lease);
the resumption of possession of the retail shop is, for this Act, taken
not to be a renewal of the expired lease and is instead taken to be
entering into a new lease.