81Compensation for disturbance

81 Compensation for disturbance (1) The lessor is liable to pay the tenant reasonable compensation for loss or damage (other than nominal loss or damage) suffered by the tenant if the lessor— (a) materially inhibits access by the tenant to the premises; or (b) takes action that would materially inhibit or alter the flow of customers to the premises; or (c) fails to fix a breakdown of plant or equipment under the lessor’s care and maintenance as soon as practicable; or (d) for premises located in the retail area of a shopping centre—does not adequately clean, maintain or repair the shopping centre (including common areas); or (e) otherwise adversely affects the trade of the tenant by the lessor’s conduct without reasonable cause, whether by act or omission. (2) The lessor is not liable to pay the tenant compensation in relation to an action of the lessor mentioned in subsection (1) (a) or (b) if— (a) the action was a reasonable response to an emergency or in compliance with a statutory requirement or a lawful direction of a government entity; and (b) the emergency was not caused by, or the requirement or lawful direction did not apply because of, any neglect or failure of the lessor.