Can a tenant claim compensation from a landlord?
Under the Retail Leases Act 2003, a tenant can, under some circumstances, claim compensation for interference from a landlord. Reasonable compensation for loss or damage (other than nominal damage) suffered by tenant may be paid for such reasons as the landlord (or someone acting on behalf of the landlord): inhibiting the the tenant’s access to the premises; unreasonably taking action that causes significant disruption to the tenant’s trading at the premises failing to rectify as soon as practicable any breakdown of plant or equipment that is not under the tenant’s care or maintenance. Section 54 of the Retail Leases Act 2003 covers the issue of relocation of the tenant’s business. For further details, contact the VSBC on (03) 9651 9316. Disputes over compensation can be referred to the VSBC for dispute resolution.
