Western Australian Current Acts

COMMERCIAL TENANCY (RETAIL SHOPS) AGREEMENTS ACT 1985 - SECT 14

14 .         Retail shopping centre shop, lease for deemed to provide for compensation to tenant in some cases

                Where a retail shop lease provides for the occupation of a retail shop situated in a retail shopping centre, the lease shall be taken to provide that if the landlord —

            (a)         inhibits the access of the tenant to the retail shop in any substantial manner; or

            (b)         takes any action that would substantially alter or inhibit the flow of customers to the retail shop; or

            (c)         causes, or fails to make reasonable efforts to prevent or remove, any disruption to trading within the centre which disruption causes loss of profits to the tenant; or

            (d)         fails to have rectified as soon as practicable any breakdown of plant or equipment under his care and maintenance which breakdown causes loss of profits to the tenant; or

            (e)         fails to adequately clean, maintain, or repaint the building or buildings of which the centre is comprised or any common area connected with the centre,

                and after being given by the tenant notice in writing requiring him to rectify the matter does not do so within such time as is reasonably practicable, then notwithstanding any provision contained in the lease, the landlord is liable to pay to the tenant such reasonable compensation in respect thereof as is thereafter agreed in writing between the parties or determined by the Tribunal.