Under s 12(1)(d)(i) of the Commercial Tenancies (Retail Shops) Agreements Act 1985 (WA), a landlord cannot retrospectively provide 'annual estimates of expenditure' after the relevant expenditure has been fully incurred and ascertained; the phrase refers only to prospective assessments of anticipated expenditure. However, an operating expenses statement under s 12(1)(d)(ii) can be provided more than 3 months after the end of the relevant accounting period, ending the suspension under s 12(1d). Where no estimates have been provided and cannot now be provided, the suspension under s 12(1)(d)(i) remains operative regardless of compliance with the Statement Provision.
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