136Relocation clauses

136 Relocation clauses (1) A lease that allows the tenant to be relocated within the shopping centre must include provisions to the effect of the following: (a) if the lessor intends to relocate the tenant—the lessor must give the tenant at least 3 months written notice of the relocation (the relocation notice) and include an offer to provide alternative comparable premises (the alternative premises) for a period equivalent to the unexpired term of the existing lease on terms no less favourable than those applying to the premises originally leased; (b) the tenant may give written notice to the lessor within 1 month after receiving the relocation notice of the tenant’s intention to terminate the lease, and if the tenant does, the termination takes effect 3 months after the relocation notice was received by the tenant, unless the parties otherwise agree; (c) if the tenant accepts the offer of the alternative premises made in the relocation notice—the lessor must give the tenant a new lease in accordance with the offer; (d) the lessor must pay the tenant’s reasonable costs of relocation and pay reasonable compensation to the tenant for any other loss or damage incurred by the tenant because of the relocation; (e) in working out what is reasonable compensation consideration must be given to any concession given to the tenant because the lease contains a relocation provision. (2) In subsection (1): comparable premises include premises that have not yet been built.