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Business Tenancies (Fair Dealings) Act 2003
23Lease preparation costs
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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.