Property Blogs

The aftermath of the Christchurch earthquakes has given rise to a number of commercial and legal issues for landlords and lawyers. From insurance questions, to rental abatement, access and questions of untenantability, the earthquakes have left their mark on the commercial property market.

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Building Amendment Bill (No.4) had its first reading in parliament on 1 May 2012. The bill, if passed, will significantly enhance the consumer protection measures for building work.

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A recent decision by the real estate agents disputes tribunal has left real estate agents and lawyers re-examining responsibilities on a sale. A purchaser looked for and thought they had found a property that was a house and income unit.

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The Property Council New Zealand recently released its manifesto Fast Forward to Growth. It is easy to read, focused on commercial property and aimed at encouraging growth, productivity and investment.

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On 28 March 2007 Mr and Mrs Singh, experienced orchardists, signed up to purchase a lemon and kiwifruit orchard in Glenbrook. The standard form of agreement for sale and purchase of real estate was used.

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I once heard a story about a property developer who purchased a property for residential redevelopment. Integral to the due diligence investigations was a LIM which clearly identified the location of services. Services were in a convenient position to enable redevelopment and the developer in our story proceeded

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The Unit Titles Act 2010 has been in force for over 8 months now. Most bodies corporate have had their first AGM under the new Act and made the necessary decisions. The next key date is 1 October 2012. By this date:

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The new Restricted Building Work regime applies when renovating or building residential houses and small to medium apartment buildings. Restricted building work is work to the structure or external moisture management system of these structures – work that is critical to the integrity of the building. Most residential building work that needs building consent will be restricted building work.

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Right at the end of last year a High Court judgement was released for the first prosecution under section 141 of the Real Estate Agents Act 2008. That is the section that prohibits a person who is not licenced under the act from carrying out real estate agency work. The section came into force on 16 November 2009.

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The right of a lessee under a commercial lease to quiet enjoyment is implied in the majority of leases. The implied covenant is a limited guarantee that the lessee can occupy the premises without interruption or disturbance from the lessor, or persons through whom the lessor derives title or persons who claim through the lessor.

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At this time of year with Christmas trading and summer there may be lessors who are approached by lessees requesting a change to their trading hours. Leaving aside resource management restrictions, retail leases commonly give the lessor an unqualified right to approve any modification in trading hours.

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Have heard about law changes making it easier to chop down trees? Are you waiting for 1 January 2012 so you can fell a pesky tree without the need to apply for a resource consent? Not so fast. Case law earlier this year shows the changes to the legislation may not work quite how many people expected them to.

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If you become tempted to purchase a bach over the Christmas period (as a certain partner of ours did one year) then an agreement on an envelope will certainly be legally enforceable if done properly. Debra bought her family bach by recording an agreement on an envelope that included adoption of the standard ADLS/REINZ terms for the sale and purchase of real estate.

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The changes to the NZ investor migrant policy that we flagged a couple of months ago have just been made operative. This should be of interest to developers seeking development funding.

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A lessor must tread very carefully when considering the position of a lessee who has not yet exercised its right to renew the lease. The Property Law Act 2007 assists a lessee by providing relief in two situations where a right of renewal would otherwise be lost:

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Agreements for sales off the plans will include sunset clauses – or “twilight” clauses as a client called them the other day. I like that new name it seems more accurate somehow.

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