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Business Tenancies (Fair Dealings) Act 2003
53Circumstances when consent to assignment may be withheld
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53 Circumstances when consent to assignment may be withheld
(1) The landlord is entitled to withhold consent to the assignment of a
retail shop lease in any of the following circumstances (and is not
entitled to withhold that consent in any other circumstances):
(a) if the proposed assignee proposes to change the use to which
the shop is put;
(b) if the proposed assignee does not have the financial
resources or retailing skills that will enable the proposed
assignee to fulfil all the obligations of the lease;
(c) if the tenant has not complied with the provisions of the lease
mentioned in section 56 and, if applicable, section 57.
(2) This section does not preclude a right of the landlord to require
payment of a reasonable sum in respect of legal or other expenses
incurred in connection with the consent, so long as the landlord has
substantiated those expenses to the tenant at the request of the
tenant.