ACTIn ForceAct
Leases (Commercial and Retail) Act 2001
97Mortgagees and head lessors
Start here
Get a plain-English read of 97
Turn the raw legal text into a practical explanation grounded in Leases (Commercial and Retail) Act 2001.
97 Mortgagees and head lessors
(1) This section applies if the lessor—
(a) receives a request from the tenant under section 95 (Request for
consent to assignment, sublease or mortgage); and
(b) has a mortgagee, head lessor or both; and
(c) is required under the mortgage or head lease to obtain the
consent of the mortgagee or head lessor to the assignment,
sublease or mortgage of the lease.
(2) The lessor must tell the lessor’s mortgagee, head lessor or both that
the request has been made and of the terms of the request as soon as
practicable after receiving the request.
(3) If the lessor’s mortgagee or head lessor requires further information
or documents that the lessor may request under section 96, the lessor
must ask the tenant for the information or documents and give them
to the person who required them.
(4) If the lessor’s mortgagee or head lessor refuses to consent to the
tenant’s request, the mortgagee or head lessor must tell the lessor and
tenant in writing within 14 days after being told of the request, or after
a further period agreed between the parties.
(5) A refusal under subsection (4) must include the reason for refusal.
(6) The lessor’s mortgagee or head lessor is taken to have consented to
the tenant’s request if the mortgagee or head lessor fails to give the
lessor and tenant written notice of consent or refusal to consent to the
request by the latest of the following:
(a) 14 days after being told of the request;
(b) if the mortgagee or head lessor asked for information or a
document under section 96—14 days after receiving the
information or document;
(c) if a further period has been agreed under subsection (4)—the end
of that further period.