48Relocation

48 Relocation If a retail shop lease contains a provision that enables the business of the tenant to be relocated, the lease is taken to include provisions to the following effect: (a) the tenant's business cannot be required to be relocated unless and until the landlord has provided the tenant with details of a proposed refurbishment, redevelopment or extension sufficient to indicate a genuine proposal that: (i) is to be carried out within a reasonably practicable time after relocation of the tenant's business; and (ii) cannot be carried out practicably without vacant possession of the tenant's shop; (b) the tenant's business cannot be required to be relocated unless the landlord has given the tenant at least 3 months Business Tenancies (Fair Dealings) Act 2003 38 written notice (relocation notice) of relocation and the notice gives details of an alternative shop to be made available to the tenant within the retail shopping centre; (c) the tenant is entitled to be offered a new lease of the alternative shop on the same terms and conditions as the existing lease, except that the term of the new lease is to be for the remainder of the term of the existing lease; (d) for paragraph (c), the rent for the alternative shop is to be the same as the rent for the existing retail shop, adjusted to take into account the difference in the commercial values of the existing retail shop and the alternative shop at the time of relocation; (e) if a relocation notice is given to the tenant, the tenant may terminate the lease within one month after the relocation notice is given by giving written notice of termination to the landlord, in which case the lease is terminated 3 months after the relocation notice was given, unless the parties agree that it is to terminate at some other time; (f) if the tenant does not give a notice of termination as mentioned in paragraph (e), the tenant is taken to have accepted the offer of a lease as mentioned in paragraph (c), unless the parties have agreed to a lease on some other terms; (g) the tenant is entitled to payment by the landlord of the tenant's reasonable costs of the relocation (including but not limited to costs incurred by the tenant in dismantling and reinstalling fixtures and fittings) and legal costs in connection with the relocation.