75Trading hours of retail shopping centre

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.