41Capital costs not recoverable

41 Capital costs not recoverable (1) Subject to subsection (2), a provision in a retail premises lease is void to the extent that it requires the tenant to pay an amount in respect of the capital costs of— (a) the building in which the retail premises are located; or (b) any building in a retail shopping centre in which the retail premises are located; or (c) any areas used in association with a building referred to in paragraph (a) or (b); or (d) plant in a building referred to in paragraph (a) or (b). S. 41(2) inserted by No. 82/2005 s. 22(2), substituted by No. 26/2020 s. 6. (2) Subsection (1) does not operate to render void a provision in a retail premises lease that— (a) requires the tenant to undertake capital works at the tenant's own cost; or (b) in respect of an essential safety measure, requires the tenant to pay for the cost, or part of the cost, of carrying out— (i) repairs or maintenance work; or (ii) an installation relating to fit out of the retail premises for which the tenant has agreed to pay.