That’s well-reasoned advice from makdap.
@Aramis Cool said:
The entire building is being scaffolded for structural repairs. As a result a retail space has closed …
However, Mr Cool (or his insurer) would have to quantify the loss in an action under common law.
To close a business, not permanently or temporarily relocate it, and to do so while the building is still being scaffolded, introduces a big element of doubt that the OC’s structural work is the actual cause of the business closure and the landlord’s loss of rent.
Landlords knowingly take on the risk that their premises will be unoccupied between tenants. In the current business environment, retail shops are standing empty for many months (at least in my suburb).
How will Mr Cool distinguish between the rent he didn’t get because eager shopkeepers just didn’t occupy his premises and the rent he didn’t get because eager shopkeepers didn’t occupy his premises because of the scaffolding and associated works?