39When rent is payable

39 When rent is payable

Unless otherwise specified in a retail lease, a tenant is not liable to pay rent, or another amount payable by the tenant (such as an amount payable in respect of outgoings), in respect of any period –

(a) before the tenant has entered into possession of the retail premises (whether or not the tenant is required to enter into possession by a specified date); and

(b) before the landlord has substantially complied with the landlord’s fit-out obligations set out in the retail lease.