New South Wales Consolidated Acts

RETAIL LEASES ACT 1994 - SECT 22

22 Recovery of outgoings from lessee

(1) The lessee under a retail shop lease is not liable to pay any amount to the lessor in respect of any outgoings except in accordance with provisions of the lease that specify--

(a) the outgoings that are to be regarded as recoverable, and

(b) how the amount of those outgoings will be determined and how they will be apportioned to the lessee, and

(c) how those outgoings or any part of them may be recovered by the lessor from the lessee.

Note--: A lessee has no liability in respect of outgoings unless the liability was disclosed in the lessor's disclosure statement. See section 12A.

(2) In this Part, the expression
"outgoings to which the lessee contributes" refers to any outgoings in respect of which the lessee is liable under the lease to make any payment to the lessor.

(3) Costs associated with the advertising or promotion of a retail shop or retail shopping centre, or of any business carried on there, are not outgoings for the purposes of this section.