131Advertising and promotion levy—new leases

131 Advertising and promotion levy—new leases (1) This section applies to the lessor’s first accounting period under a new lease, whether it is a full accounting period or the remainder of an accounting period. (2) If the lease requires the tenant to pay an amount to the lessor for advertising and promotion costs, the amount can be levied only if, before the lease was entered into, the lessor made available to the tenant a marketing plan giving details of the lessor’s proposed expenditure on advertising and promotion during the accounting period or remainder of the accounting period. (3) If the lessor fails to substantially comply with subsection (2), the tenant is not liable to pay an amount for advertising and promotion costs and may recover any amount already paid for those costs.