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Leases (Commercial and Retail) Act 2001
72Retail areas of shopping centres—waiving auditor’s
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72 Retail areas of shopping centres—waiving auditor’s
report
(1) If a majority of the tenants in the retail area of a shopping centre agree
to waive the requirement for the preparation of an auditor’s report
dealing with outgoings for a provision included in a lease because of
section 65 (Outgoings—estimates and expenditure statements), the
lessor is not required to provide an auditor’s report under that
provision for any tenant in the shopping centre—
(a) for the period agreed by the tenants; or
(b) if no period is agreed by the tenants—for the accounting period
in which the agreement is reached and subsequent accounting
periods, until a majority of the tenants agree otherwise.
(2) For subsection (1)—
(a) a tenant is not taken to have agreed to waive the requirement for
the preparation of an auditor’s report only because the lease
includes a term agreeing to the waiving of the requirement; and
(b) to work out whether a majority of the tenants agree to waive the
requirement for the preparation of an auditor’s report, 1 vote is
counted for each lease for premises in the retail area of the
shopping centre.