sec.50Retail tenancy disputes between lessors and lessees about assignments of leases

sec.50 Retail tenancy disputes between lessors and lessees about assignments of leases

A retail tenancy dispute exists between a lessor and lessee under a retail shop lease if— under the lease, the lessee may assign the lease only with the lessor’s consent; and the lessee has given the lessor full particulars of a proposed assignment of the lease and asked the lessor, in writing, to consent to it; and the lessor has not given an answer to the lessee within 1 month after the request and the particulars are given to the lessor. A retail tenancy dispute also exists between a lessor and lessee under a retail shop lease if, in relation to consenting to an assignment of a retail shop lease, the lessor— purports or seeks to impose on the prospective assignee as lessee, an obligation that is not the lessee’s obligation under the lease; or purports or seeks to withdraw from the prospective assignee a right conferred on the lessee under the lease; or purports or seeks to impose, as a condition for consenting to the assignment, a condition that the lessee considers unreasonable. To remove any doubt, this section does not limit the circumstances in which a retail tenancy dispute may exist between a lessor and lessee under a retail shop lease. s 50 amd 2000 No. 19 s 25 (sec.50-ssec.1) A retail tenancy dispute exists between a lessor and lessee under a retail shop lease if— under the lease, the lessee may assign the lease only with the lessor’s consent; and the lessee has given the lessor full particulars of a proposed assignment of the lease and asked the lessor, in writing, to consent to it; and the lessor has not given an answer to the lessee within 1 month after the request and the particulars are given to the lessor. (sec.50-ssec.2) A retail tenancy dispute also exists between a lessor and lessee under a retail shop lease if, in relation to consenting to an assignment of a retail shop lease, the lessor— purports or seeks to impose on the prospective assignee as lessee, an obligation that is not the lessee’s obligation under the lease; or purports or seeks to withdraw from the prospective assignee a right conferred on the lessee under the lease; or purports or seeks to impose, as a condition for consenting to the assignment, a condition that the lessee considers unreasonable. (sec.50-ssec.3) To remove any doubt, this section does not limit the circumstances in which a retail tenancy dispute may exist between a lessor and lessee under a retail shop lease.

• (a) under the lease, the lessee may assign the lease only with the lessor’s consent; and
• (b) the lessee has given the lessor full particulars of a proposed assignment of the lease and asked the lessor, in writing, to consent to it; and
• (c) the lessor has not given an answer to the lessee within 1 month after the request and the particulars are given to the lessor.