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RETAIL SHOP LEASES ACT 1994 - SECT 36
Certain rent review provisions of leases void
36 Certain rent review provisions of leases void
(1) A provision of a retail shop lease is void to the extent that it— (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
(e) 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.
(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.
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