RETAIL SHOP LEASES ACT 1994 - SECT 43
When compensation is payable by lessor—business disturbance
RETAIL SHOP LEASES ACT 1994 - SECT 43
When compensation is payable by lessor—business disturbance
43 When compensation is payable by lessor—business disturbance
(1) The lessor is liable to pay to the lessee reasonable compensation for loss
or damage suffered by the lessee because the lessor, or a person acting under
the lessor’s authority—
(a) substantially restricts the lessee’s access
to the leased shop; or
(b) takes action (other than action under a lawful
requirement) that substantially restricts, or alters—
(i) access by
customers to the leased shop; or
(ii) the flow of potential customers past
the shop; or
(c) causes significant disruption to the lessee’s trading in
the leased shop or does not take all reasonable steps to prevent or stop
significant disruption within the lessor’s control; or
(d) does not have
rectified as soon as is practicable—
(i) any breakdown of plant or equipment
under the lessor’s care or maintenance; or
(ii) any defect in the
retail shopping centre or leased building containing the leased shop, other
than a defect due to a condition that would have been reasonably apparent to
the lessee when the lessee entered into the lease or, for a lessee by way of
assignment of the lease, when the lessee accepted the assignment; or
(e)
neglects to clean, maintain or repaint the retail shopping centre or leased
building containing the leased shop or the part of the centre or building
that, under the lease, is the lessor’s responsibility; or
(f) causes the
lessee to vacate the leased shop before the end of the lease or renewal of it
because of the extension, refurbishment or demolition of the
retail shopping centre or leased building containing the shop.
(2) The lessee
must give the lessor written notice of the loss or damage mentioned in
subsection (1) as soon as practicable after it is suffered.
(3) If the lessee
fails to give the lessor the notice, the failure does not affect any right of
the lessee to compensation but must be considered when deciding the amount of
compensation payable under section 44.
