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Leases (Commercial and Retail) Act 2001
78Demolition
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78 Demolition
A lease that provides for termination of the lease because of the
proposed demolition of the building containing the premises must
include provisions to the effect of all of the following:
(a) the lease cannot be terminated because of the proposed
demolition unless the lessor has given the tenant sufficient
details of the proposed demolition to indicate a genuine proposal
to demolish the building within a reasonable time after the lease
is to be terminated;
(b) the lease cannot be terminated by the lessor because of the
proposed demolition unless—
(i) if the lease is for a term of up to 1 year—the lessor has
given the tenant at least 3 months written notice of the
lessor’s intention to terminate; or
(ii) in any other case—the lessor has given the tenant at least
6 months written notice of the lessor’s intention to
terminate;
(c) if the lease is terminated because of the proposed demolition
before the end of the term of the lease—the lessor must pay the
tenant reasonable compensation for any loss of the tenant arising
from the termination of the lease whether or not the lessor goes
ahead with the demolition of the building;
(d) in working out reasonable compensation for paragraph (c),
regard must be had to any concession given to the tenant because
of the existence in the lease of the clause allowing for
termination because of the proposed demolition.