23Lease preparation costs

23 Lease preparation costs (1) A tenant is not liable to pay an amount to the landlord for legal or other expenses incurred by the landlord in connection with the preparation of a retail shop lease unless: (a) the landlord provides the tenant with a copy of the account presented to the landlord for those expenses; and (b) the amount of the charges, or the method of calculation of those charges, is included in the landlord's disclosure statement given to the tenant in accordance with this Part. (2) Despite a provision of the retail shop lease or another agreement, the tenant is not liable to pay more than a reasonable sum for legal or other expenses incurred in connection with the preparation of the retail shop lease by the landlord. (3) This section does not preclude any right the landlord may have to recover, from a person who enters into and then withdraws from negotiations with the landlord in respect of the retail shop lease, a reasonable sum for legal or other expenses incurred in connection with the preparation of the lease by the landlord.

Business Tenancies (Fair Dealings) Act 2003 19 (4) In this section: other expenses includes expenses relating to: (a) the negotiation, preparation and execution of the retail shop lease; and (b) the obtaining of any necessary consents from mortgagees or government Agencies; and (c) any surveys or compliance with a requirement made by or under an Act.