Residential Tenancies

Updates to the Residential Tenancies Act 1986

On 5th August 2020, the Residential Tenancies Amendment Bill passed its 3rd reading in the House and will come into effect as the Residential Tenancies Amendment Act 2020 after Royal Assent. Although the majority of changes will only kick in after a six-month period, giving time for tenants and landlords to be aware of their new obligations and rights. The Act will have a direct impact on both tenants and landlords.

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NO ACCESS

No access and COVID-19

Tenants unable to gain access to premises they rent to fully conduct their business are entitled to relief under ADLS Sixth Edition 2012. We look deeper at what this means for both landlords and tenants.

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Commercial property for new players

Residential investors often perceive buying commercial property as the ‘next step up’. Commercial property can be lucrative but it’s far more complex than you may realise.   There are a number of important considerations to bear in mind before taking the plunge! First-time commercial property investors need to be aware of the risks and make…

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Gavel - court decision

Lease renewal – was the lessee entitled to relief?

A lease is more than a contract. It creates an estate in land. Even when a lessee does not follow a renewal process properly or where there are other questions around a renewal right, the Court more often than not finds in favour of the lessee…

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Leases – Setoff Against Outgoings

A recent decision Drake City Limited v DJ Tasman-Jones & Anor (High Court, Auckland 20 December 2016) concerned a lease for one of the restaurants in the Victoria Park Market precinct.  There were arrears under the lease and the tenant had gone into liquidation.  The guarantors were being pursued for sums due.  These included unpaid…

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Bodies corporate, guarantees and amenities – developer’s duties

Body Corporate 401803 (the 103 Tremont apartment complex in St Lukes, Auckland) has recently been to the Court of Appeal.  At issue was the validity of guarantees given by the body corporate to third parties under leases of 3 units – the manager’s apartment, the swimming pool, tennis courts, gymnasium and other amenities.  Between June…

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Unit Titles and Leasing

Leasing unit titles is more complex than other forms of leasing. The Unit Titles Act 2010 (UTA) and the body corporate operational rules will prevail over the lease. The landlord might only have a very small say in how that plays out. This depends on their individual voting power. There is another layer of rights…

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