36Estimates of outgoings and statements of outgoings

36 Estimates of outgoings and statements of outgoings

(1)  A landlord must give a tenant a written estimate of outgoings, to which the tenant is liable to contribute under a lease, that itemises those outgoings –

(a) before the lease is entered into; and

(b) in respect of each of the landlord’s accounting periods during the term of the lease.

(2)  A tenant is not liable to contribute to any outgoings of which an estimate is required to be given to the tenant under subsection (1) until the tenant is given that estimate.

(3)  A landlord must prepare a written statement of outgoings that itemises all expenditure in respect of outgoings by the landlord, in each of the landlord’s accounting periods during the term of the lease, to which the tenant is liable to contribute under the lease.

(4)  After preparing a written statement of outgoings under subsection (3) , the landlord is to give the tenant a copy of the written statement.

(5)  A landlord is to keep a copy of –

(a) all written estimates of outgoings provided to a tenant in accordance with subsection (1) for the duration of the retail lease to which the estimate of outgoings relates; and

(b) all written statements of outgoings provided to a tenant in accordance with subsection (3) for the duration of the retail lease to which the written statements relate.

(6)  A tenant can withhold payment for any outgoings payable by the tenant under a retail lease if the landlord has not provided the tenant with a written statement of outgoings in accordance with subsection (4) .