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Business Tenancies (Fair Dealings) Act 2003
61Key-money for renewal or extension prohibited
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61 Key-money for renewal or extension prohibited
accept key-money in connection with the renewal or extension of a
retail shop lease.
renewal or extension of the lease.
Business Tenancies (Fair Dealings) Act 2003 46
(3) If a person contravenes subsection (1), the tenant is entitled to
recover from the landlord as a debt:
(a) a payment made; or
(b) the value of a benefit conferred by the tenant and accepted;
by or on behalf of the landlord in contravention of this section,
whether or not the person is found guilty of an offence against that
subsection.
(4) This section does not prevent a landlord from:
(a) requiring payment by the tenant of a reasonable sum in
respect of legal or other expenses incurred in connection with
the renewal or extension of the lease; or
(c) securing performance of the tenant's obligations under the
renewed or extended lease by requiring the provision of a
bond or security deposit or a guarantee from the tenant or
another person; or
(d) seeking and accepting payment for the grant of a franchise in
connection with the renewal or extension of the lease.