64Independent legal advice – effect of coercion

64 Independent legal advice – effect of coercion (1) A person must not compel the tenant or a prospective tenant under a retail shop lease to use the services of a legal practitioner, accountant or conveyancing agent nominated by the landlord. (2) If the tenant or a prospective tenant is compelled to use the services of a legal practitioner, accountant or conveyancing agent in contravention of this section, the landlord is liable to pay to the tenant the amount of any fees paid by the tenant to the legal practitioner, accountant or conveyancing agent for those services. (3) If a prospective tenant is compelled to use the services of a legal practitioner in contravention of this section for the provision of a certificate mentioned in section 19, the certificate is invalid for of section 19 if the tenant establishes that even though the certificate was given he or she did not understand: (a) the effect of section 19; or (b) that the giving of the certificate would result in a waiver of the time limit in section 19(1). (4) If a prospective tenant is compelled to use the services of a legal practitioner or accountant in contravention of this section for the provision of a certificate mentioned in section 26, the certificate is Business Tenancies (Fair Dealings) Act 2003 48 invalid for section 26 if the tenant establishes that even though the certificate was given he or she did not understand: (a) the effect of section 26(1), (2) or (3); or (b) that the giving of the certificate would result in section 26 not applying.