50Compensation

50 Compensation

(1)  A landlord is to compensate a tenant if the landlord –

(a) inhibits access of the tenant to the retail premises rented by the tenant in any substantial manner; or

(b) takes any action, other than action required under any legislation, that would substantially alter or inhibit the flow of customers to the retail premises; or

(c) causes, or fails to make reasonable efforts to prevent or remove, anything which adversely affects the tenant's trading; or

(d) fails to have rectified as soon as practicable any breakdown of plant or equipment –

(i) which is under the landlord's care and maintenance; and

(ii) the breakdown of which causes a loss of profits to the tenant; or

(e) acts in a manner which, in all the circumstances, is unconscionable; or

(f) terminates a retail lease dishonestly, maliciously or for a purpose that is not genuine; or

(g) in relation to a retail shopping centre, fails to take reasonable steps to ensure the cleaning, maintenance or repair of the retail shopping centre, including any common area; or

(h) fails to take reasonable steps to ensure that the retail premises are kept in good order and repair; or

(i) relocates the tenant's business to other premises during the term of the retail lease or any renewal of it; or

(j) fails to take reasonable steps to ensure that any defect in the retail shopping centre or retail premises is rectified; or

(k) causes the tenant to vacate the retail premises before the end of the retail lease or any renewal of it because of any extension, refurbishment or demolition.

(2)  A provision in a retail lease that purports to limit liability for compensation in the circumstances referred to in subsection (1)(a) , (b) , (c) , (d) or (g) is void except where –