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Business Tenancies (Fair Dealings) Act 2003
7Leases to which Act does not apply
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7 Leases to which Act does not apply
(1) This Act (other than Part 13) does not apply to any of the following
retail shop leases:
(a) leases for a term of less than 6 months, where there is no right
for the tenant to extend the lease (whether by means of an
option to extend or renew the lease or otherwise);
(b) leases for a term of 25 years or more (with the term of a lease
taken to include any term for which the lease may be
extended or renewed at the option of the tenant);
(c) leases entered into before the commencement of this section;
(d) leases entered into under an option that was granted, or an
agreement that was made, before the commencement of this
section;
(e) a lease of a class or description prescribed by the Regulations
to be exempt from this Act or a provision of this Act.
(2) This Act (other than Part 13) does not apply to:
(a) a lease mentioned in this section that is assigned to another
person after the commencement of this section; or
(b) a holding over by the tenant after the end of the term of a
lease mentioned in subsection (1)(c).
(3) For subsection (1)(a), a provision of a lease that provides for
holding over by the tenant at the end of the term of the lease is not
taken to confer a right on the tenant to extend the lease if it
operates, in effect, at the discretion of the landlord.
(4) Despite this section:
(a) if the term of a retail shop lease is less than 6 months; and
Business Tenancies (Fair Dealings) Act 2003 7
(b) the tenant is continuously in possession of the retail shop for
6 months or more under the lease because of the lease being
renewed one or more times or being continued (or both);
this Act applies to the lease on and from the day on which the
tenant has continuously been in possession of the retail shop for