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RETAIL LEASES ACT 2003 - SECT 54 Tenant to be compensated for interference

RETAIL LEASES ACT 2003 - SECT 54

Tenant to be compensated for interference

    (1)     A retail premises lease is taken to provide as set out in this section.

    (2)     The landlord is liable to pay to the tenant reasonable compensation for loss or damage (other than nominal damage) suffered by the tenant because the landlord or a person acting on the landlord's behalf—

        (a)     substantially inhibits the tenant's access to the retail premises; or

        (b)     unreasonably takes action that substantially inhibits or alters the flow of customers to the retail premises; or

        (c)     unreasonably takes action that causes significant disruption to the tenant's trading at the retail premises; or

        (d)     fails to take reasonable steps to prevent or stop significant disruption within the landlord's control to the tenant's trading at the retail premises; or

        (e)     fails to rectify as soon as practicable—

              (i)     any breakdown of plant or equipment that is not under the tenant's care or maintenance; or

              (ii)     any defect in the retail premises or in the building or retail shopping centre in which the retail premises are located, other than a defect due to a condition that would have been reasonably apparent to the tenant when entering into or renewing the lease or when the tenant accepted assignment of the lease; or

        (f)     neglects adequately to clean, maintain or repair the building or retail shopping centre in which the retail premises are located (but not the retail premises themselves).

    (3)     The tenant must give the landlord written notice of the loss or damage as soon as practicable after it is suffered but a failure to do this does not affect any right of the tenant to compensation.

    (4)     This section does not apply to action taken by a landlord—

        (a)     as a reasonable response to an emergency; or

        (b)     in compliance with any duty imposed by or under an Act or resulting from a requirement imposed by a body acting under the authority of an Act.

    (5)     The amount of the compensation is the amount that is—

        (a)     agreed between the landlord and the tenant; or

        (b)     if there is no agreement, determined under Part 10 (Dispute Resolution).