47Tenant to be compensated for disturbance

47 Tenant to be compensated for disturbance (1) A retail shop lease is taken to provide that if the landlord: (a) inhibits access of the tenant to the shop in a substantial manner; or (b) takes an action that would inhibit or alter, to a substantial extent, the flow of customers to the shop; or (c) unreasonably takes an action that causes significant disruption of, or has a significant adverse effect on, trading of the tenant in the shop; or (d) fails to take all reasonable steps to prevent or put a stop to anything that causes significant disruption of, or which has a significant adverse effect on, trading of the tenant in the shop and that is attributable to causes within the landlord's control; or (e) fails to rectify a breakdown of plant or equipment under the landlord's care or maintenance; or Business Tenancies (Fair Dealings) Act 2003 37 (f) if the retail shop to which the lease relates is within a retail shopping centre – fails to adequately clean, maintain or repair the retail shopping centre, including common areas; and the landlord does not rectify the matter as soon as reasonably practicable after being requested in writing by the tenant to do so, the landlord is liable to pay the tenant reasonable compensation for loss or damage, other than nominal damage, suffered by the tenant as a consequence. (2) In determining whether a landlord has acted unreasonably for subsection (1)(c), due consideration is to be given to whether the landlord has acted in accordance with recognised shopping centre management practices. (3) A retail shop lease may include a provision preventing or limiting a claim for compensation under the provisions implied by this section in respect of a particular occurrence if the likelihood of the occurrence was specifically drawn to the attention of the tenant in writing before the lease was entered into. (4) The provisions implied by this section do not apply to an action taken by the landlord: (a) as a reasonable response to an emergency situation; or (b) in compliance with a duty imposed by or under an Act or resulting from a requirement imposed by a statutory authority or local government council acting under the authority of an Act.