sec.38Lessee’s liability to pay proportion of lessor’s apportionable outgoings

sec.38 Lessee’s liability to pay proportion of lessor’s apportionable outgoings

The proportion of a lessor’s apportionable outgoings for a retail shopping centre or leased building payable by a lessee under a retail shop lease who is enjoying or sharing the benefit of the outgoing must not be more than the proportion that the area of the lessee’s leased shop bears to the total area of all premises in the centre or building that are owned by the lessor and— leased to or occupied by lessees who enjoy or share the benefit resulting from the outgoing (whether or not they are lessees under retail shop leases); or available for lease to or occupation by lessees who would, if leased or occupied, enjoy or share the benefit resulting from the outgoing (whether or not they would be lessees under retail shop leases). In this section— prescribed purpose means 1 or more of the following purposes— information, entertainment, community or leisure facilities; telecommunication equipment; automatic teller machines; vending machines; advertisement displays; seating, tables and other furniture; trade out areas; storage; parking. total area , of all premises in a retail shopping centre or leased building, does not include areas of premises that, if the areas were not leased or licensed, would be areas within a common area of the centre or building but only if the areas are used for a prescribed purpose. s 38 amd 2016 No. 21 s 33 (sec.38-ssec.1) The proportion of a lessor’s apportionable outgoings for a retail shopping centre or leased building payable by a lessee under a retail shop lease who is enjoying or sharing the benefit of the outgoing must not be more than the proportion that the area of the lessee’s leased shop bears to the total area of all premises in the centre or building that are owned by the lessor and— leased to or occupied by lessees who enjoy or share the benefit resulting from the outgoing (whether or not they are lessees under retail shop leases); or available for lease to or occupation by lessees who would, if leased or occupied, enjoy or share the benefit resulting from the outgoing (whether or not they would be lessees under retail shop leases). (sec.38-ssec.2) In this section— prescribed purpose means 1 or more of the following purposes— information, entertainment, community or leisure facilities; telecommunication equipment; automatic teller machines; vending machines; advertisement displays; seating, tables and other furniture; trade out areas; storage; parking. total area , of all premises in a retail shopping centre or leased building, does not include areas of premises that, if the areas were not leased or licensed, would be areas within a common area of the centre or building but only if the areas are used for a prescribed purpose. s 38 amd 2016 No. 21 s 33

• (a) leased to or occupied by lessees who enjoy or share the benefit resulting from the outgoing (whether or not they are lessees under retail shop leases); or