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RETAIL LEASES AMENDMENT ACT 2020 (NO. 26 OF 2020) - SECT 3

Occupier or registered mortgagee may carry out work

    (1)     In section 251(2) of the Building Act 1993 , for "An" substitute "Subject to subsection (2A), an".

    (2)     After section 251(2) of the Building Act 1993 insert

    "(2A)     An occupier cannot recover from the owner, or deduct from or set off against any rent due or to become due to the owner, any expenses incurred by the carrying out, in respect of an essential safety measure, of repairs or maintenance work or an installation referred to in section 41(2)(b)(ii) of the Retail Leases Act 2003 , if the occupier has agreed to bear the expenses under a retail premises lease to which that Act applies.".

    (3)     In section 251(6) of the Building Act 1993 , for "contrary." substitute "contrary, other than an agreement about the cost of the carrying out, in respect of an essential safety measure, of repairs or maintenance work or an installation referred to in section 41(2)(b)(ii) of the Retail Leases Act 2003 under a retail premises lease to which that Act applies.".

    (4)     After section 251(6) of the Building Act 1993 insert

    "(7)     In this section—

"essential safety measure" has the same meaning as in the Building Regulations 2018 or any subsequent corresponding regulations;

Note

See section 30 of the Interpretation of Legislation Act 1984 .

"lease "has the same meaning as in the Retail Leases Act 2003 ;

"retail premises "has the same meaning as in the Retail Leases Act 2003 .".

Part 3—Amendment of Retail Leases Act 2003

Division 1—Essential safety measures



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