sec.36Certain rent review provisions of leases void

sec.36 Certain rent review provisions of leases void

A provision of a retail shop lease is void to the extent that it— requires the lessee to appoint someone to determine the current market rent of the leased shop other than in accordance with this Act; or requires the lessee to pay for a determination of current market rent by a specialist retail valuer other than under section 34 ; or requires the determination of the current market rent of the leased shop to be made other than in accordance with this Act; or reserves, or has the effect of reserving, to a party a discretion to apply 1 of 2 or more methods of calculating the rent of the leased shop on a particular review of the rent; or provides for the rent of the leased shop to change on a particular review of the rent in accordance with whichever of 2 or more methods of calculating the change would result in the higher or highest rent. However, if, under a retail shop lease, a major lessee gives a notice under section 27 (8) , a provision of the lease that would otherwise be void to a particular extent because of subsection (1) (d) or (e) is not void to that extent because of those provisions. s 36 amd 2000 No. 19 s 37 ; 2016 No. 21 s 30 (sec.36-ssec.1) A provision of a retail shop lease is void to the extent that it— requires the lessee to appoint someone to determine the current market rent of the leased shop other than in accordance with this Act; or requires the lessee to pay for a determination of current market rent by a specialist retail valuer other than under section 34 ; or requires the determination of the current market rent of the leased shop to be made other than in accordance with this Act; or reserves, or has the effect of reserving, to a party a discretion to apply 1 of 2 or more methods of calculating the rent of the leased shop on a particular review of the rent; or provides for the rent of the leased shop to change on a particular review of the rent in accordance with whichever of 2 or more methods of calculating the change would result in the higher or highest rent. (sec.36-ssec.2) However, if, under a retail shop lease, a major lessee gives a notice under section 27 (8) , a provision of the lease that would otherwise be void to a particular extent because of subsection (1) (d) or (e) is not void to that extent because of those provisions.

• (a) requires the lessee to appoint someone to determine the current market rent of the leased shop other than in accordance with this Act; or
• (b) requires the lessee to pay for a determination of current market rent by a specialist retail valuer other than under section 34 ; or
• (c) requires the determination of the current market rent of the leased shop to be made other than in accordance with this Act; or
• (d) reserves, or has the effect of reserving, to a party a discretion to apply 1 of 2 or more methods of calculating the rent of the leased shop on a particular review of the rent; or