Adjustment of contributions to outgoings

ACT

See section 67. If a lease requires the tenant to contribute to outgoings, the lease must include a provision to the effect that, within 3 months of the end of each payment period, there must be an adjustment for any underpayment or overpayment by the tenant in relation to the outgoings (on the basis of estimated expenditure versus actual expenditure reasonably and properly incurred by the landlord).

NSW

See section 29. Requirement for adjustment of contributions to outgoings based on actual expenditure properly and reasonably incurred.

The adjustment is to take place within 1 month after the landlord gives the tenant the outgoings statement and within 4 months after the end of the period referred to in the outgoings statement.

NT

See section 41. Similar to NSW.

QLD

No mention in the Act.

SA

See section 33. Similar to NSW except adjustment to take place within 3 months after the end of each accounting period.

TAS

No mention in the Code as to adjustment.

VIC

See section 48. Requirement for adjustment of contributions to outgoings based on actual expenditure properly and reasonably incurred. Any adjustment is to take place within 1 month after the landlord gives the tenant the outgoings statement or within 4 months after the end of the accounting period, whichever is the earlier.

WA

See section 12. There is no time period provided by the Act within which any necessary adjustments must take place after the operating expenses statement is provided.

Definitions and currency

Currency of information by jurisdiction Definitions

ACT information current as at 1 January 2023

NSW information current as at 1 January 2023

NT information current as at 1 January 2023

QLD information current as at 1 January 2023

SA information current as at 1 January 2023

Tas information current as at 1 January 2023

Vic information current as at 11 April 2023

WA information current as at 1 January 2023

"CMR" means current market rent.

"CMV" means current market value.

"DS" means disclosure statement.

"NCAT" means the NSW Civil and Administrative Tribunal.

"QCAT" means Queensland Civil and Administrative Tribunal.

"RSC" means retail shopping centre.

"RTC" means retail tenancy claim.

"RTD" means retail tenancy dispute.

"SAT" means State Administrative Tribunal.

"SBC" means Small Business Commissioner.

"SRV" means specialist retail valuer.

"VCAT" means Victorian Civil and Administrative Tribunal.

"WA SAT" means the State Administrative Tribunal of Western Australia.