Tag Archives | Leases

Earthquakes and leases – what to consider

The sight of the ADLS Fifth Edition 2008(2) commercial lease can bring a feeling of both comfort and familiarity. The ADLS is widely used and understood and is often seen as the form of lease that can ‘get the deal over the line.’ It is generally regarded as a fair lease, and not significantly weighted in favour of either the landlord or the tenant.

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construction

What is quiet enjoyment?

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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Summer trading hours and leases

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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Destruction and leases

What is happening in Christchurch is impacting on the New Zealand property industry in all sorts of ways. One of these is the debate regarding contractual obligations between the parties. Most leases inadequately deal with the situation in Christchurch. Whilst they may deal with partial destruction and total destruction they do not adequately cover many of the circumstances that have arisen in the cordon area.

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