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Business Tenancies (Fair Dealings) Act 2003
75Trading hours of retail shopping centre
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75 Trading hours of retail shopping centre
(1) A lease of a retail shop is taken to include a provision to the effect
that the landlord is not entitled to change the core trading hours of
the retail shopping centre of which the shop forms part except with
the approval in writing of the tenants of a majority of the retail shops
in the shopping centre (whether or not those retail shops are retail
shops to which this Act applies).
(2) The initial fixing of trading hours in a new retail shopping centre is
not a change to core trading hours and is not affected by
subsection (1).
(3) Subsection (1) does not operate to permit a landlord to ignore the
requirements of another agreement, arrangement or understanding
that prevents or restricts a change to core trading hours by the
landlord in a retail shopping centre.
Business Tenancies (Fair Dealings) Act 2003 52
(4) This section does not prevent a lease providing for the action that
may be taken by a landlord in the event of a tenant not trading in
accordance with core trading hours, including provisions:
(a) enabling the landlord, as a condition of granting consent to a
tenant trading outside core trading hours, to require the tenant
to pay, or pay a contribution towards, the costs of opening the
retail shopping centre during those extended trading hours; or
(b) requiring a tenant who trades outside core trading hours to
make specified payments or additional payments in respect of
advertising and promotional costs for the shopping centre.
(5) In section:
core trading hours, in relation to a retail shopping centre, means
the times when retail shops in the shopping centre are required to
be open for business, whether the requirement is imposed by or
under a lease or by or under some other agreement, arrangement
or understanding between landlords and the tenants.