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Leases (Commercial and Retail) Act 2001
67Adjustment of contributions to outgoings
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67 Adjustment of contributions to outgoings
(1) If a lease requires the tenant to contribute to outgoings, the lease must
include a provision to the effect that, within 3 months after the end of
each period for which the tenant contributes to outgoings under the
lease (the payment period), there must be an adjustment between the
lessor and the tenant to take account of an underpayment or
overpayment (if any) by the tenant in relation to the outgoings.
(2) The lease must also provide that the adjustment is the difference
between—
(a) the amount paid by the tenant for the estimated expenditure by
the lessor on outgoings during the payment period; and
(b) the amount spent by the lessor for recoverable outgoings during
the payment period to the extent that the lessor properly and
reasonably incurred the expenditure.
(3) In subsection (2) (b):
amount spent—if a lessor is using an accrual method of accounting,
the amount spent by a lessor during a period includes a debt accrued
by the lessor during the period.