No access and Covid 19

2 April 2020 The “no access” clause came about because of the Christchurch earthquakes. Tenants in the red-zone under ADLS leases were not entitled to rent relief when they could not access their properties where there was no physical damage. The market responded. The ADLS deed of lease was updated and a no access clause…

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…

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…