Queensland Consolidated Acts

RETAIL SHOP LEASES ACT 1994 - SECT 43

(1) The lessor is liable to pay to the lessee reasonable compensation for loss or damage suffered by the lessee because the lessor, or a person acting under the lessor's authority—

(a) substantially restricts the lessee's access to the leased shop; or

(b) takes action (other than action under a lawful requirement) that substantially restricts, or alters—

(i) access by customers to the leased shop; or

(ii) the flow of potential customers past the shop; or

(c) causes significant disruption to the lessee's trading in the leased shop or does not take all reasonable steps to prevent or stop significant disruption within the lessor's control; or

(d) does not have rectified as soon as is practicable—

(i) any breakdown of plant or equipment under the lessor's care or maintenance; or

(ii) any defect in the retail shopping centre or leased building containing the leased shop, other than a defect due to a condition that would have been reasonably apparent to the lessee when the lessee entered into the lease or, for a lessee by way of assignment of the lease, when the lessee accepted the assignment; or

(e) neglects to clean, maintain or repaint the retail shopping centre or leased building containing the leased shop or the part of the centre or building that, under the lease, is the lessor's responsibility; or

(f) causes the lessee to vacate the leased shop before the end of the lease or renewal of it because of the extension, refurbishment or demolition of the retail shopping centre or leased building containing the shop.

(2) The lessor is liable to pay to the lessee reasonable compensation for loss or damage suffered by the lessee because—

(a) the lessee entered into the lease, or a renewal of it, on the basis of a false or misleading statement or misrepresentation made by the lessor or any person acting under the lessor's authority; or

(b) the leased shop was not available to the lessee for trading on the date specified in the disclosure statement given under section 22 or 22C because of the default of the lessor or anyone acting under the lessor's authority.

(3) However, the lessee is not entitled to compensation under subsection (1) or (2) merely because the lessor has prevented the lessee from extending, as permitted by the Trading (Allowable Hours) Act 1990, the hours during which the lessee keeps the leased shop open for trading.

(4) A false or misleading statement or misrepresentation referred to in subsection (2)(a), if the lessee is an assignee, is a reference to a false or misleading statement or misrepresentation made by the lessor to the assignee that causes loss and damage to be suffered by the assignee.

(5) A reference in subsection (2)(a) to the lessee having entered into the lease includes, if the lessee is an assignee, a reference to the assignee having entered into the assignment of the lease.

(6) In this section—

lessee includes an assignee of the lease.