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Certified Exclusionary Clause

If a lease contains a 'certified exclusionary clause', the Act requires that a solicitor (who is not acting for the lessor) or the Small Business Commissioner provide acertificate which certifies that they have explained tothe lessee that the lessee would, but for this certificate, be bound to a minimum 5 year term.

The solicitor or Small Business Commissioner must also certify that they have received credible assurances from the lessee, that the lessee, was not acting under any coercion or undue influence in consenting to the inclusion of this clause into the lease.

A fee will apply for the issue of a certificate.

To apply for a certified exclusionary clause, please fill out the online contact us form, and choose enquiry type 'certified exclusionary clause'. 

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