(b) the tenant has persistently defaulted under the lease throughout its term and the landlord has given the tenant written notice of the defaults. 28 Obligation to notify tenant of option to renew (1) If a retail premises lease contains an option exercisable by the tenant to renew the lease for a further term, the landlord must notify the tenant in writing of the date after which the option is no longer exercisable— (a) at least 6 months; and (b) no more than 12 months— before that date but is not required to do so if the tenant exercises, or purports to exercise, the option before being notified of the date. (2) If subsection (1) requires the landlord to notify the tenant but the landlord fails to do so within the time specified by that subsection— (a) the retail premises lease is taken to provide that the date after which the option is no longer exercisable is instead 6 months after the landlord notifies the tenant as required; and (b) if that date is after the term of the lease ends, the lease continues until that date (on the same terms and conditions as applied immediately before the lease term ends); and (c) the tenant, whether or not the landlord has by S. 28(2)(c) amended by then notified the tenant as required, may give No. 82/2005 written notice to the landlord terminating the s. 18. lease from a specified day that is—
(b) the tenant has persistently defaulted under the lease throughout its term and the landlord has given the tenant written notice of the defaults. 28 Obligation to notify tenant of option to renew (1) If a retail premises lease contains an option exercisable by the tenant to renew the lease for a further term, the landlord must notify the tenant in writing of the date after which the option is no longer exercisable— (a) at least 6 months; and (b) no more than 12 months— before that date but is not required to do so if the tenant exercises, or purports to exercise, the option before being notified of the date. (2) If subsection (1) requires the landlord to notify the tenant but the landlord fails to do so within the time specified by that subsection— (a) the retail premises lease is taken to provide that the date after which the option is no longer exercisable is instead 6 months after the landlord notifies the tenant as required; and (b) if that date is after the term of the lease ends, the lease continues until that date (on the same terms and conditions as applied immediately before the lease term ends); and S. 28(2)(c) amended by No. 82/2005 s. 18. (c) the tenant, whether or not the landlord has by then notified the tenant as required, may give written notice to the landlord terminating the lease from a specified day that is—
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