sec.48Liability for costs associated with lease

sec.48 Liability for costs associated with lease

A lessee under a retail shop lease is not liable to pay any amount for the lessor’s legal or other expenses in relation to the following— preparing, renewing or extending the lease; obtaining the consent of a mortgagee of the lessor; the lessor’s compliance with this Act. However, subsection (1) does not prevent a lessee under a retail shop lease from being required to pay for the following— survey fees associated with the registration of the lease; registration of the lease. Also, subsection (1) does not prevent the prospective lessee from being required to pay for the prospective lessor’s reasonable legal or other expenses incurred for preparation of a final lease if— the prospective lessor and prospective lessee agree to the terms of a proposed retail shop lease; and the prospective lessee gives the prospective lessor a written notice to prepare a final lease and the final lease is prepared; and the prospective lessee does not sign the final lease; and the prospective lessor gives the prospective lessee a copy of the prospective lessor’s invoice for expenses for the preparation of the final lease. In this section— final lease means a lease to be signed by the parties to give effect to the agreed terms of a proposed retail shop lease. s 48 amd 2000 No. 19 s 24 ; 2001 No. 71 s 551 sch 1 ; 2005 No. 60 s 36 sch 2 ; 2016 No. 21 s 49 (sec.48-ssec.1) A lessee under a retail shop lease is not liable to pay any amount for the lessor’s legal or other expenses in relation to the following— preparing, renewing or extending the lease; obtaining the consent of a mortgagee of the lessor; the lessor’s compliance with this Act. (sec.48-ssec.2) However, subsection (1) does not prevent a lessee under a retail shop lease from being required to pay for the following— survey fees associated with the registration of the lease; registration of the lease. (sec.48-ssec.3) Also, subsection (1) does not prevent the prospective lessee from being required to pay for the prospective lessor’s reasonable legal or other expenses incurred for preparation of a final lease if— the prospective lessor and prospective lessee agree to the terms of a proposed retail shop lease; and the prospective lessee gives the prospective lessor a written notice to prepare a final lease and the final lease is prepared; and the prospective lessee does not sign the final lease; and the prospective lessor gives the prospective lessee a copy of the prospective lessor’s invoice for expenses for the preparation of the final lease. (sec.48-ssec.4) In this section— final lease means a lease to be signed by the parties to give effect to the agreed terms of a proposed retail shop lease.

• (a) preparing, renewing or extending the lease;
• (b) obtaining the consent of a mortgagee of the lessor;
• (c) the lessor’s compliance with this Act.