CIVIL LAW

Commercial Leases ( This site is still being developed )

Virtually every New Zealand business is involved in a lease relationship, either as tenant or landlord.

Lawyers are involved in all of the following matters but there is no reason at all why you should not skill up yourself and understand all of the important principles. You will at least be able to save yourself money by preparing the basic things yourself.

• Negotiating and drafting the agreement to lease and deed of lease
• Rent reviews and renewals of lease
• Assignments and sub-leases
• Advising and acting in relation to disputes between landlord and tenant
• Advising the landlord on enforcement options
• Applications to the Court for relief from forfeiture or refusal to renew

Standard typed commercial lease agreements are used by every lawyer and real estate agent in the country. We are sure you could ‘score’ a blank copy of them if you asked nicely  . . . .  and in any event you can buy them cheaply from any Whitcoulls outlet.

INTRODUCTION

The main difference between a commercial lease ( or "tenancy" ) and a residential lease is that the Residential Tenancies Act 1986 does not apply to commercial leases.

Commercial leases are instead governed by the Property Law Act 2007. 

We provide you with a direct link . . . .

For information on Residential Tenancies see our specialist site entitled :

Residential Tenancies

With a lease the landlord is referred to as the " lessor " and the tenant is referred to as the " lessee ".

In order to be valid, a commercial lease must include the following elements:

• The lease must be for a time period that is certain, unless the lease is periodic (see below).
• The leased premises must be described with certainty.
• The tenant must be granted the legal right of exclusive possession of the property.
• The lease must be properly created as a legal contract.

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