(1) The lessor under a retail shop lease must give the lessee an annual
estimate in the approved form of the lessor’s apportionable outgoings and
the proportion of those outgoings for which the lessee will be liable under
the lease (the
"outgoings estimate" ).
(a) at least 1 month before the start of the period to which the estimate
relates; or
(b) if the lessee enters into the lease during the period to
which the estimate relates or within 1 month before the start of the
period—when the lessee enters into the lease.
(3) If the shop is in a
retail shopping centre, the outgoings estimate must also include a breakdown
of the estimated fees to be paid by the lessee towards the administration
costs of running the centre and any other fees to be paid to a centre
management entity.
(4) The outgoings shown in the outgoings estimate must be
itemised so that the amount shown for each item is not more than 5% of the
total outgoings shown in the estimate.
(5) However, the amount shown for an
item may be more than 5% of the total outgoings if the item relates to—
(a)
a charge, levy, rate or tax payable under an Act; or
(b) an outgoing that can
not be further itemised to comply with subsection (4) .
