26Minimum 5 year term

26 Minimum 5 year term (1) The term for which a retail shop lease is entered into, together with a further term or terms provided for by an agreement or option for the acquisition by the tenant of a further term as an extension or renewal of the lease, is not to be less than 5 years. (2) For subsection (1), an agreement or option is not taken into account if it is entered into or conferred after the retail shop lease is entered into. (3) The validity of a retail shop lease is not affected if the lease is entered into in contravention of this section, but the term of the lease is extended by the period necessary to prevent the lease contravening this section. (4) This section does not apply to a retail shop lease if a legal practitioner, or accountant, who is not acting for the landlord, certifies in writing that he or she has, at the request of the prospective tenant, explained to the prospective tenant: (a) the effect of subsections (1), (2) and (3); and (b) that the giving of the certificate will result in this section not applying to the lease. (5) This section does not apply to a lease that results from the renewal of an earlier lease in accordance with an option conferred on the tenant, only if: (a) there was no break in the entitlement of the tenant to possession of the retail shop; and (b) the option was granted by that earlier lease or by an agreement entered into before or at the same time as that earlier lease was entered into. (6) This section does not apply to a lease to the extent that its application would be inconsistent with the terms of a head lease under which the landlord holds the retail shop. Business Tenancies (Fair Dealings) Act 2003 22