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Q:

Can a landlord force a tenant to move premises?

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The landlord can only force a tenant to move premises if a there is a relocation clause in the lease. If the lease does not contain a relocation clause, the landlord cannot move the tenant. If the lease does contain a relocation clause, it should specify the conditions under which the landlord can relocate the tenant. If the Retail Leases Act 2003 applies to the lease, certain statutory conditions apply to the lease e.g. the new premises must be 'reasonably comparable' to the existing premises; the rent for the new premises is to be generally the same as for the existing premises; and the landlord must pay the tenant's reasonable costs of the relocation. In addition to the lease, the Act also provides that the disclosure statement (provided by the landlord to the tenant) must specify whether the lease contains a relocation clause and if the landlord has any plans for the building in which the premises are located during the term of the lease which may invoke the relocation clause. ... more
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