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A story in todays Press says Christchurch is the car capital of the country, with more of us choosing to take the car than cycle or use public transport. Why do you think that is? When was the last time you got on the bus? What was it like? Do you own a bike, and bike around the city? Keen to get … View moreA story in todays Press says Christchurch is the car capital of the country, with more of us choosing to take the car than cycle or use public transport. Why do you think that is? When was the last time you got on the bus? What was it like? Do you own a bike, and bike around the city? Keen to get some feedback and see what's behind the results of the MoT survey.
** Please note we may use comments in our Conversations page in the Christchurch Mail. If you're not comfortable with your comments appearing in print, please include NFP (Not For Print) in your comments. Thank you!
Hi guys my sons kitten has been missing since 530pm last night we live on hasting street west sydenham and shes only 3months old and is deaf we would really like her back if anyone has seen her it was paet of his xmas present if you find her please contact me Victoria on 0274140553 please
Commercial Leasing
The terms of a commercial lease are vastly different to that of a standard residential tenancy agreement. It would be impossible for us to outline all the terms of a typical commercial lease in this article but we outline a few of the common issues and queries which commonly … View moreCommercial Leasing
The terms of a commercial lease are vastly different to that of a standard residential tenancy agreement. It would be impossible for us to outline all the terms of a typical commercial lease in this article but we outline a few of the common issues and queries which commonly arise between both Tenant and Landlord.
Agreement to Lease
An Agreement to Lease is the initial document signed between the parties setting out the main terms of agreement between them. It is not the formal lease document. The Agreement to Lease usually requires a formal deed of lease be entered into setting out all of the terms, rights and obligations of the parties and enforcement provisions. Many clients mistakenly believe that once they have signed the Agreement to Lease, this is the formal contract. The Agreement to Lease does not contain all of the necessary provisions required to protect both parties which are contained in the full deed.
Costs
Recent revisions of the Auckland District Law Society (ADLS) commercial lease removed the ability for a Landlord to charge the Tenant for the Landlord’s legal costs for preparation of the lease documents. Each party now bears their own costs for the preparation, variation or deed recording a rent review or renewal unlike the earlier versions which made this a Tenant responsibility. The Tenant is still required to meet the Landlord’s reasonable costs in considering any request by the Tenant for the Landlord’s consent as well as the enforcement of the Landlord’s rights, remedies and powers.
Maintenance Obligations
Generally speaking a Tenant is responsible for maintaining the interior of the premises and is required to yield up the premises in a like condition as at the start of the lease. The Landlord is usually responsible for maintaining the exterior of the building and ensuring that it is weathertight. Often having a premises condition report attached to a lease when signed will avoid any possible disputes at the end of the lease. This report is very useful in situations where a Landlord has sold the premises, or the Tenant has sold the business and assigned the lease to a new Tenant.
Renewal of Lease
Often we see both the Landlord and Tenant fail to deal with subsequent renewals of the lease according to the lease terms. The standard provisions of the ADLS lease provides that where the Tenant intends to exercise its right of renewal (if one is provided) it must provide written notice to the Landlord of its intention to exercise its renewal no later than three months prior to the expiry of the current term. If a Tenant fails to provide that notice, the Landlord can terminate the lease on the final expiry date. However, if neither party take any steps the lease will revert to a month to month lease until either party terminates with one month’s notice.
Dealing with renewals correctly is important from both parties’ perspective. For the Landlord it ensures that a Tenant is locked in for a specified period of time and provides it certainty of future rental income.
From a Tenant’s perspective it provides security of site which is especially important where the location of the premises is a fundamental part of its goodwill. If a Tenant fails to properly execute or exercise its rights of renewal the value of its business could be drastically reduced.
Commercial leases can be complicated and both Landlord and Tenant are considered equal commercial parties. It is therefore important that both parties understand their obligations.
If you would like some specific advice in relation to your lease or a particular situation we suggest that you contact us and we can provide you with some further advice in this regard.
Michael is an Associate in our Property Team based in our Kaiapoi Office and can be reached on (03) 327 8159 or by email michael@corcoranfrench.co.nz
Hi everyone! We've created a fundraiser to give our special boys a trip later this year for their milestone birthdays of 13, 10 and 5. We are a little family with our eldest two having disabilities. They are such wonderful little guys who just carry on even when its hard, especially when i … View moreHi everyone! We've created a fundraiser to give our special boys a trip later this year for their milestone birthdays of 13, 10 and 5. We are a little family with our eldest two having disabilities. They are such wonderful little guys who just carry on even when its hard, especially when i cant be around, ive had a rough year with my mental health so we are wanting to have a break and take our boys away and have quality time with them later in the year. Please take a look at our page, and share it with your friends. We're going to be saving all year for this and any assistance you can give to help us on our journey would be very much appreciated! givealittle.co.nz...
Hi Richmond Neighbors, does anyone else have no water coming through their pipes? Is the council working on our area today? Does anyone know please?
Our landlord has decided not to let us go month by month on our lease meaning we have 3 weeks to find a place and move. Does anyone know of a 3 bedroom short term rental until end of March ?
Chris
Howdy all. Here at Wasp Wipeout we thought we'd give you some information on how to deal with the wasp that most populates urban gardens - the paper wasp.
Paper wasps can be easily identified by their long, drooping back legs and laid-back, slow style of flying.
Asian, Australian and … View moreHowdy all. Here at Wasp Wipeout we thought we'd give you some information on how to deal with the wasp that most populates urban gardens - the paper wasp.
Paper wasps can be easily identified by their long, drooping back legs and laid-back, slow style of flying.
Asian, Australian and European paper wasps have gradually made their homes around our houses and fences and over the past few years and while they are useful for some unwanted bugs like the great white cabbage butterfly, unfortunately they aren't picky and have been feasting on our monarch butterfly caterpillar and other useful native bugs as well.
At Wasp Wipeout we are working hard to help raise funds to wipe out the most invasive species of wasps - the vespula (common and German) variety which inhabit a lot of our bush areas and regularly invade picnics and barbecues. To help us fight this species you can donate here
If you want to find out more about paper wasps, you can read the story and watch the video here
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One woman's bid to beat taggers at their own game has spawned further efforts to revive Godley Head'…
These are for sale on Trade Me #1518196221
Bought them for my husband for Xmas but too small - have to sell to be able to buy another pair.
Anyone interested please let me know.
Just read article in Stuff about the boat hire at The Groynes. Seems new guy took it over 6 months ago. Also seems Groynes now owned by E Can and not the council. Anyway new guy cannot open. Old owner worked for years with no permit. New guy came in and tried do everything right by applying … View moreJust read article in Stuff about the boat hire at The Groynes. Seems new guy took it over 6 months ago. Also seems Groynes now owned by E Can and not the council. Anyway new guy cannot open. Old owner worked for years with no permit. New guy came in and tried do everything right by applying for a permit. Council still havnt issued one and just say E Can has final say. E Can says when all plans finalized will be put out to tender. So this guy who bought the business and has tried to do things right is still stuck in limbo and boats closed at one of the busiest times of year.. This proves that even though Council and E Can say have our best interests at heart and support little businesses they in fact do not have them at heart and only interested in bleeding everyone dry. This guy has paid heaps try get permits. This is just being bullies. Like our water E Can will probably give the rights to run this to the Chinese with the councils ok. I do not understand why when guy tried do all legal they could not have at least given him permit for xmas period while things worked out. Like want him to go broke so then can move in and take over. Best interest of ChCh and small businesses my ass. E Can more interested in working for Chinese and council only interested in wasting money
Free black bar chair. Must pick up from Waltham. Works fine, has a couple marks but all in all in good condition.
The Defence Force is in mourning after a "talented" soldier and father of two died in mysterious cir…
Firefighters rely on a good supply of water when they are battling fires.
Increased water usage over summer can reduce water pressure, which can impact fire protection systems. Help reduce this risk by being wise about your water use bit.ly...
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