by AlexanderDorrington | Feb 28, 2012 | General property Law, Leasing
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...
by Denise Marsden | Dec 19, 2011 | General property Law, Leasing
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...
by Denise Marsden | Sep 28, 2011 | General property Law, Leasing
There has been another case in relation to the ADLS standard lease clause, which provides the term of a lease shall at once terminate if there is destruction or damage rendering the premises untenantable. We wrote about an April 2011 decision of the...
by Denise Marsden | Jul 28, 2011 | General property Law, Leasing
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...
by AlexanderDorrington | May 27, 2011 | General property Law, Leasing
Lessors are encouraged to take a lot of care and attention when cancelling leases under the Property Law Act 2007. The Supreme Court’s decision on 10 May 2011 in Ingram & Knee v Patcroft Properties Limited shows that care and attention is very important. The...
by Debra Dorrington | May 3, 2011 | General property Law, Leasing
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...
