ACTIn ForceAct
Leases (Commercial and Retail) Act 2001
81Compensation for disturbance
Start here
Get a plain-English read of 81
Turn the raw legal text into a practical explanation grounded in Leases (Commercial and Retail) Act 2001.
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.