43Capital costs etc. not recoverable from tenant

43 Capital costs etc. not recoverable from tenant the tenant to pay an amount in respect of the capital costs of: (a) the building in which the retail shop is located; or (b) if the retail shop is in a retail shopping centre – a building in the retail shopping centre; or (c) any areas used in association with a building mentioned in paragraph (a) or (b). (2) A provision in a retail shop lease is void to the extent that it requires the tenant to pay an amount in respect of the capital costs of plant in a building or area mentioned in subsection (1). (3) A provision in a retail shop lease is void to the extent that it requires the tenant to make a contribution to a sinking fund to provide for capital works.