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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.


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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I have been unable to acquire any case law in regards to bankruptcy. I am thge alleged defendant in the matter and have opposed the application for bankruptcy as I am not the defendant. The case is now at the stage of the high court requiring a synopsis under 251a, I wish to make submissions in not being notified of the hearing at the district court after the notice of proceeding was served. The matter then got judgement without my knowledge and is now before the high court for bankruptcy. Please advise the procedure to locate any supportive case law that may assist with my application to set aside the bankrupcy claim.

Kindest Regards
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"You will certainly get a rehearing if you were not notified but, if you simply misread the documents you were originally served with then you could be in trouble. You must actively follow up on your obligation to file and serve a defence and not just wait for the Court to come to you. Good luck . . . Netlaw "
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"Received notice from a creditors lawyer that they wish to put in companiy into liquidation and I have up to today upon receiving their letter. A Statory Demand was intially sent on 7 Aril 2008, which I reponded with a reply explaining that an arrangement (verbal) had been entered in by both parties which was to continue supply, once company got post dated cheques, company stopped surpply and but still continued to present cheques which was not the agreement which was entred into.
What position does that leave me if I want to legal challenge this. Without causing me excessive expresses.


Netlaw responds: If you say that they cannot properly sue because there was a new agreement for time payment, then you can apply for an injunction saying that the Statutory Demand Notice is wrong. But it will cost you. An injunction should not be done without legal advice. Type up a Statement setting out precisiely all the facts as you know them and see a lawyer as soon as possible. A letter shouid be sent to the other side saying how inappropriate the Demand procedure is when the subsequent agreement between the parties was made and kept by you. But you must get your facts right!"

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