8Leases to which this Act does not apply

8 Leases to which this Act does not apply

(1)  Subject to section 9 , this Act does not apply to –

(a) a lease of retail premises with a lettable area of more than 1 000 square metres; or

(b) a lease of premises if the premises are not retail premises at the time at which the retail lease is entered into or is renewed; or

(c) a retail lease for a term of less than 6 months, where there is no right for the tenant to extend the lease (whether by means of an option to extend or to renew the lease or otherwise); or

(d) subject to subsections (2) and (3) , a retail lease entered into, or renewed, before the commencement of this section.

(2)  The Fair Trading (Code of Practice for Retail Tenancies) Regulations 1998 , as in force immediately before this section commences –

(a) subject to subsection (3) , continue to apply to a lease, within the meaning of those regulations, referred to in subsection (1)(d) and to which those regulations applied immediately before the commencement of this section; and

(b) are taken to remain in force in respect of a lease referred to in paragraph (a) if those regulations are rescinded while this section applies to such a lease.

(3)  Despite subsection (1) , the regulations may prescribe that any one or more of the provisions of this Act apply in respect of a lease, or class of leases, specified in subsection (1)(d) .