38Recovery of outgoings from tenant

38 Recovery of outgoings from tenant (1) The tenant under a retail shop lease is not liable to pay an amount to the landlord in respect of outgoings except in accordance with provisions of the lease that specify: (a) the outgoings that are to be regarded as recoverable; and (b) how the amount of those outgoings will be determined and how they will be apportioned to the tenant; and (c) how those outgoings or any part of them may be recovered by the landlord from the tenant. (2) Costs associated with the advertising or promotion of a retail shop or retail shopping centre, or of a business carried on there, are not outgoings for subsection (1). Business Tenancies (Fair Dealings) Act 2003 32