Queensland Consolidated Acts

RETAIL SHOP LEASES ACT 1994 - SECT 43

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 .