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Leases (Commercial and Retail) Act 2001
112Fair dealing between lessor and tenant about renewal of
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112 Fair dealing between lessor and tenant about renewal of
shopping centre lease
(1) If the lessor fails to comply with section 108 (Rules of conduct at end
of lease term for shopping centre leases) in relation to premises in the
retail area of a shopping centre and the tenant is prejudiced by the
failure, the tenant may apply to the Magistrates Court.
Note Under s 52 (Market rent—rent reviews, options and renewals) the lessor
or tenant may ask the Magistrates Court to refer a dispute about the rent
to be paid under a renewal to mediation.
(2) On application under this section, the Magistrates Court may make
any order it considers appropriate.
Termination generally Division 12.3
(3) Without limiting subsection (2), the Magistrates Court may—
(a) order the lessor to renew or extend the lease, or to enter into a
new lease with the tenant, on terms approved by the court (but
not to the prejudice of the rights of a third-party who has
honestly acquired an interest in the premises); or
(b) order the lessor to pay compensation (not more than 6 months
rent under the lease) to the tenant.