s. 21 extended to 4 years (with the option for a further 1 year after the initial 4 years). (5) This section does not apply to a lease if— (a) at the request of the tenant or prospective S. 21(5)(a) amended by tenant, the Small Business Commissioner Nos 82/2005 certifies in writing that he or she, or a person s. 12(3)(6), 69/2012 s. 5. acting on his or her behalf, has explained to the tenant or prospective tenant— (i) the effect of subsections (1) to (4); and (ii) that the giving of the certificate and the S. 21(5)(a)(ii) amended by giving by the tenant or prospective No. 82/2005 tenant to the landlord of a copy of the s. 12(4)(6). certificate under paragraph (b) will result in this section not applying to the lease; and (b) after having been given a certificate under S. 21(5)(b) amended by paragraph (a)(ii), the tenant or prospective No. 82/2005 tenant gives the landlord a copy of the s. 12(5)(6). certificate. (5A) The Small Business Commissioner— S. 21(5A) inserted by No. 82/2005 (a) must consider a request under subsection (5) s. 12(7). made by a tenant or a prospective tenant before a lease is entered into and within 90 days after a lease is entered into; and (b) may consider a request made at any other time under subsection (5). (6) The Small Business Commissioner must issue a S. 21(6) amended by certificate under subsection (5)(a)(ii) within No. 82/2005 21 days after being requested to do so by the s. 12(6). tenant or prospective tenant but a certificate issued later than that is not invalid because of that fact. (7) If the term of a lease is extended under this S. 21(7) inserted by section and no provision is made in the lease for a No. 82/2005 review of the rent payable in respect of the s. 12(8). extended period, then the lease is taken to provide
extended to 4 years (with the option for a further 1 year after the initial 4 years). (5) This section does not apply to a lease if— S. 21(5)(a) amended by Nos 82/2005 s. 12(3)(6), 69/2012 s. 5. (a) at the request of the tenant or prospective tenant, the Small Business Commissioner certifies in writing that he or she, or a person acting on his or her behalf, has explained to the tenant or prospective tenant— (i) the effect of subsections (1) to (4); and S. 21(5)(a)(ii) amended by No. 82/2005 s. 12(4)(6). (ii) that the giving of the certificate and the giving by the tenant or prospective tenant to the landlord of a copy of the certificate under paragraph (b) will result in this section not applying to the lease; and S. 21(5)(b) amended by No. 82/2005 s. 12(5)(6). (b) after having been given a certificate under paragraph (a)(ii), the tenant or prospective tenant gives the landlord a copy of the certificate. S. 21(5A) inserted by No. 82/2005 s. 12(7). (5A) The Small Business Commissioner— (a) must consider a request under subsection (5) made by a tenant or a prospective tenant before a lease is entered into and within 90 days after a lease is entered into; and s. 21 (b) may consider a request made at any other time under subsection (5). S. 21(6) amended by No. 82/2005 s. 12(6). (6) The Small Business Commissioner must issue a certificate under subsection (5)(a)(ii) within 21 days after being requested to do so by the tenant or prospective tenant but a certificate issued later than that is not invalid because of that fact. S. 21(7) inserted by No. 82/2005 s. 12(8). (7) If the term of a lease is extended under this section and no provision is made in the lease for a review of the rent payable in respect of the extended period, then the lease is taken to provide