Non-specific outgoings contribution limited by ratio of lettable area
34 Non-specific outgoings contribution limited by ratio of lettable area
A lessee under a retail shop lease in a retail shopping centre is not liable to contribute towards a non-specific outgoing of the lessor (that is, an outgoing not specifically referable to any particular shop in the retail shopping centre) unless the shop is one of the shops to which the outgoing is referable, and is not liable to contribute an amount in excess of an amount calculated by multiplying the relevant amount of that outgoing by the ratio of the lettable area of the shop to the total of the lettable areas of all the retail shops in the shopping centre to which the outgoing is referable.
In this section—
excluded premises means premises in a retail shopping centre (such as office towers and entertainment annexes) that are leased or available for lease but are not retail shops;
referable—an outgoing is referable to premises if the premises enjoy or share the benefit resulting from the outgoing;
relevant amount of an outgoing means—
if the outgoing is wholly referable to retail shops—the total amount of that outgoing;
if the outgoing is partly referable to retail shops and partly referable to excluded premises—a proportion of the outgoing equal to the proportion that the total lettable area of the retail shops in the retail shopping centre bears to the total lettable area of retail shops and excluded premises.
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