36Limits on sinking funds

36 Limits on sinking funds (1) This section applies to the landlord under a retail shop lease that provides for the establishment of a sinking fund to fund provision for major items of repair or maintenance. (2) The landlord must not establish more than one sinking fund at any one time in respect of retail shop leases for retail shops situated in the same building or retail shopping centre. (3) The landlord must not require or accept contributions to the sinking fund in respect of a retail shop situated in a retail shopping centre that total an amount that is more than 5% of the total of the landlord's estimated outgoings for the year concerned in respect of the retail shopping centre.

Business Tenancies (Fair Dealings) Act 2003 31 (4) The landlord must not require or accept contributions by a tenant to the sinking fund if the amount outstanding to the credit of the sinking fund is more than 250 000 monetary units.