35Recovery of outgoings from tenants

35 Recovery of outgoings from tenants

(1)  A tenant under a retail lease is not liable to pay any amount to a landlord in respect of outgoings unless –

(a) details of the nature of the outgoings that are to be regarded as recoverable are specified by the landlord in the landlord's disclosure statement together with –

(i) an estimate of the amount of the outgoings; and

(ii) the basis on which, or the formulae with respect to which, the estimated amount of the outgoings was calculated; and

(iii) details as to how those outgoings, or any part of them, may be recovered by the landlord from the tenant; and

(b) the liability of the tenant to pay the outgoings, and an estimate of the amount of the outgoings, were disclosed in the landlord’s disclosure statement, together with –

(i) the basis on which, or the formulae with respect to which, that estimated disclosed amount was calculated; and

(ii) how those outgoings, or any part of them, may be recovered by the landlord from the tenant.

(2)  If a landlord, and a tenant, under a retail lease are both liable to pay an amount in respect of an outgoing –

(a) details of the nature of the outgoing are to be specified in the landlord's disclosure statement together with –

(i) an estimate of the proportion of the amount of the outgoing that is to be paid by the tenant; and

(ii) an estimate of the proportion of the amount of the outgoing that is to be paid by the landlord; and

(iii) the basis on which, or the formulae with respect to which, the apportioning of the estimated amount of the outgoing between the tenant and the landlord was calculated; and

(iv) how that outgoing, or any part of it, may be recovered by the landlord from the tenant; and

(b) the liability of the tenant to pay the estimated proportion of the amount of the outgoing, and the liability of the landlord to pay the estimated proportion of the outgoing, was disclosed in the landlord’s disclosure statement, together with –