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Leases (Commercial and Retail) Act 2001
111Certified exclusionary clauses
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111 Certified exclusionary clauses
(1) Section 108 may be excluded in relation to a lease by a certified
exclusionary clause.
(2) A certified exclusionary clause is a provision of a lease in relation to
which a certificate signed by an independent lawyer is endorsed on
the lease to the effect that—
(a) before the lease was signed and at the tenant’s request, the
lawyer explained the effect of the provision and how section 108
would apply in relation to the lease if the lease did not include
the provision; and
(b) the tenant told the lawyer that the tenant was not acting under
coercion or undue influence in asking for or agreeing to the
inclusion of the provision in the lease.
(3) For this section, an independent lawyer is a lawyer who is not acting
for the lessor.