Evicting a Commercial Tenant - Know Your Rights

Tuesday, February 12, 2013

The Property Law Act 2007 ("PLA") codifies – very strictly – the process and means by which a commercial tenant may be evicted for non-payment of rent or some other breach of its lease obligations. Whether you are the landlord or the tenant,it is critical you understand your rights and obligations in an eviction scenario.  Read more

Matters To Consider Before You Sign An Agreement To Lease

Tuesday, September 06, 2011

The leasing market is ever changing.  Many would argue the current economy to favour tenants – there are a myriad of vacant properties currently available, and a definite lack of (quality) prospective tenants available.  Many tenants are looking to down size, if not liquidate, leaving landlords ("LLs") in the unenviable position of being forced to consider short term and stop gap solutions for their own cash flow purposes.  Enter the commercial real estate agent, armed with an agreement to lease ("ATL") ....  but beware, both LL and tenant, once signed the ATL will legally bind you to the terms specified and your lawyer will be unlikely to be able to re negotiate your lease.  It is important – if not critical – therefore, that both sides fully consider the ATL in detail before signing such.  A few key considerations are as follows: Read more

Tenant Not Paying – What To Do?

Thursday, August 25, 2011

Unfortunately, many property owners face this predicament in the current economic climate. The notice requirements for cancellation of a Lease have changed significantly under the Property Law Act 2007.  Read more

Recent Posts


Physical abuse Interpretation Act 1999 Section 29 Charity Trust Check Up Deceased's wishes Interpretation of documents Skilled migrant points Mortgagor Lease Litigation Changes Seperation Subsidies Testamentary freedom Anti-money laundering (AML) Expression of interest Temper Tamarapa v Byerley Companies Act 1993 Frustration Pattern of offending Privacy Act 1993 Claims against estates Property (Relationships) Act 1976 Lease Titles Wills Act 2007 Section 11 Division of Functions WINZ Section 15A Case Study Trustee Duties Reckless Trading Zero Hour Contracts Break up Re Estate of Campbell ''Best Endeavours'' Living standards Partner of resident Lump sum Residential Repayment Abuse Legislation update Financial products Administrators duty Albany Office Verbal abuse Commercial Law Recovery of money Relationship Property Economic disadvantage Ministry of Social Development Charities Skilled migrant Tenants Validity of Wills Creating Trusts Mortgage Testamentary Promises Compensation Trust Confidentiality Twelve years Part payment Contract and Commercial Law Act 2017 Undue influence Psychological abuse Wills Six years Marriage Constructive trusts Hawkes Bay Trustee Company Limited v Judd Trust busting SN v MN [2017] NZCA 289 Civil union Will Financial services provider (FSP) Charity begins at home Invalid wills Credit Contracts and Consumer Finance Act 2003 (CCCFA) Testamentary writing Landlord Fair share Sale of Goods Clayton case Wilson v Donnellan Trusts Bill Personal Financial Markets Conduct Act 2013 (FMCA) Duress Domestic Violence Act 1995 Limitation period Visa application Murrell v Hamilton Tenant Wills Act 2007 Section 8 White v White Partnership based work visa Shareholders' Agreement Directors' Duties Protector Immigration New Zealand Estate Administration Erceg v Erceg Section 182 Family Proceedings Act 1980 Fair Trading Act 1986 Offending Mortgagee Body Corporate Personal Properties and Securities Act 1999 Blackwell v Hollings Family Trusts Limitation Act 1950 Limitation defence Ministry Income Terms of Trade Gifting Unfair contract terms Trusts Wills Act 2007 Principal Business Grey Power Document Disclosure Domestic violence De facto Immigration KiwiSaver Interest Lankow v Rose Acknowledgment Broadbent v Ministry of Social Development Protection Order Asset Protection Auckland Office Character requirements Work and Income Eviction Financial Advisers Act 2008 Resident Gifts Valid wills Section 15 Family Protection Act 1955 Executors duty Will that do Financial services Company Law Beneficiary Rights Ilott v Mitson 2017 UKSC 17 Limitation Act 2010 Commercial Acknowledgment of Debt Wills Act 2007 Section 14 Due Diligence Health and Safety Reform Bill Violence Interpretation Act 1999 Testamentary capacity Elder Law Resident Visa Amundson v Raos Contract Law Consumer credit contracts Rest Home Subsidies Employment Commercial Property Loss of income Property Intellectual Property SMC Re Estate of Feron