59Landlord may reserve right to refuse sublease, mortgage etc.

59 Landlord may reserve right to refuse sublease, mortgage etc. A retail shop lease may contain a provision that allows the landlord to refuse in the landlord's absolute discretion: (a) consent to the grant of a sublease, licence or concession in respect of the whole or a part of the shop; or (b) consent to the tenant parting with possession of the whole or a part of the shop; or (c) consent to the tenant mortgaging or otherwise charging or encumbering the tenant's estate or interest in the lease. Part 7 Renewal and extension of retail shop leases Business Tenancies (Fair Dealings) Act 2003 45 Part 7 Renewal and extension of retail shop leases 60 Notice to tenant of landlord's intentions at end of lease (1) Not less than 6 months and not more than 12 months before the expiry of a lease, the landlord must by written notice to the tenant: (a) offer the tenant a renewal or extension of the lease on terms (including terms as to rent) specified in the notice; or (b) inform the tenant that the landlord does not propose to offer the tenant a renewal or extension of the lease. (2) An offer made under subsection (1)(a) cannot be revoked until after one month after it is made. (3) If the landlord fails to give a notice to the tenant under subsection (1), the term of the lease is extended until the end of 6 months after the landlord gives the notice, but only if the tenant requests that extension by notice in writing to the landlord given before the lease would otherwise have expired. (4) During any extension of the lease under subsection (3), the tenant may terminate the lease by giving not less than one months notice of termination in writing to the landlord. (5) This section does not apply to a lease: (a) containing an option to renew or extend the lease; or (b) that is the subject of an agreement for the renewal or extension of the lease. (6) If a retail shop lease is for a term of 12 months or less, the periods of 12 months and 6 months mentioned in subsection (1) and (3) are shortened to 6 months and 3 months respectively.