Retail Leases Act 2022

A landlord is to compensate a tenant if the landlord – inhibits access of the tenant to the retail premises rented by the tenant in any substantial manner; or takes any action, other than action required under any legislation, that would substantially alter or inhibit the flow of customers to the retail premises; or causes, or fails to make reasonable efforts to prevent or remove, anything which adversely affects the tenant's trading; or fails to have rectified as soon as practicable any breakdown of plant or equipment – which is under the landlord's care and maintenance; and the breakdown of which causes a loss of profits to the tenant; or acts in a manner which, in all the circumstances, is unconscionable; or terminates a retail lease dishonestly, maliciously or for a purpose that is not genuine; or in relation to a retail shopping centre, fails to take reasonable steps to ensure the cleaning, maintenance or repair of the retail shopping centre, including any common area; or fails to take reasonable steps to ensure that the retail premises are kept in good order and repair; or relocates the tenant's business to other premises during the term of the retail lease or any renewal of it; or fails to take reasonable steps to ensure that any defect in the retail shopping centre or retail premises is rectified; or causes the tenant to vacate the retail premises before the end of the retail lease or any renewal of it because of any extension, refurbishment or demolition.

A provision in a retail lease that purports to limit liability for compensation in the circumstances referred to in subsection (1)(a), (b), (c), (d) or (g) is void except where – before the execution of the retail lease, the landlord brings the specific disturbance, to the tenant's quiet enjoyment during the term or currency of the retail lease, to the tenant's attention; and there is a clause in the retail lease that specifies a formula for compensation in the event of that specific disturbance occurring.

A provision in a retail lease that purports to limit liability for compensation in the circumstances referred to in subsection (1)(e) or (f) is void.

The enlargement of a retail shopping centre or a change in its tenancy is not, of itself, a ground for compensation under this section.

The amount of compensation payable under this section is the amount that is – agreed between the landlord and tenant; or if there is no agreement between the landlord and tenant, determined under Part 11 of this Act.