Land And Conveyancing Law Reform Act 2009

132.

Review of rent in certain cases.

132.— (1) This section applies to a lease of land to be used wholly or partly for the purpose of carrying on a business.

(2) Subsection (1) shall not apply where—

( a) the lease concerned, or

( b) an agreement for such a lease,

is entered into prior to the commencement of this section.

(3) A provision in a lease to which this section applies which provides for the review of the rent payable under the lease shall be construed as providing that the rent payable following such review may be fixed at an amount which is less than, greater than or the same as the amount of rent payable immediately prior to the date on which the rent falls to be reviewed.

(4) Subsection (3) shall apply—

( a) notwithstanding any provision to the contrary contained in the lease or in any agreement for the lease, and

( b) only as respects that part of the land demised by the lease in which business is permitted to be carried on under the terms of the lease.