Insights & Articles

Commercial Property & Bodies Corporate

Proposed Changes to the Property Law Act 2007 - Mandatory Rent Reduction For All Commercial Leases During Lockdown

Proposed Changes to the Property Law Act 2007 - Mandatory Rent Reduction For All Commercial Leases During Lockdown

Written by:
Ross Bedford
The Government has moved very fast to make significant changes to the law around commercial leases. The proposed changes would allow all commercial tenants, including business owners of all sizes, whether or not they have suffered material financial losses, a rent reduction for the period of 'no access' to their premises as a result of the current Covid-19 lockdown.
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Are You Sure You Want To Give That Warranty?

Are You Sure You Want To Give That Warranty?

Written by:
Hamish Coupe
When you are selling a property it is common to list the 'Chattels' which you are to be selling with the building. Chattels are items which are able to be removed from a property without too much effort, and which were never intended to permanently form part of the structure. Common examples are an oven, paintings or a fridge. Occasionally they can be large eg a spa pool or garden shed. If it can fit on a truck, it may well be a chattel.
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High Court Finds Level 4 'Lockdown' Unlawful for First Nine Days, Considers Lawfulness of Non-Essential Business Closures

High Court Finds Level 4 'Lockdown' Unlawful for First Nine Days, Considers Lawfulness of Non-Essential Business Closures

Written by:
James Turner
The High Court has found that the Government's announcement of an Alert Level 4 'Lockdown' for four weeks from 26 March 2020 in response to the Covid-19 pandemic was unlawful and potentially unenforceable for the first nine days (Borrowdale v Director-General of Health [2020] NZHC 2090). The Court also reviewed the closure of all non-essential businesses, which is significant for business owners hoping to file civil liability claims for lost revenue during this period.
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Leasing in a Post-Pandemic World

Leasing in a Post-Pandemic World

Written by:
Hamish Coupe
A New Normal - The impacts of the Covid-19 virus have been felt the world over and have pushed businesses to their limits. Parties on each side of a lease have been left with the job of negotiating through untested and uncertain lease clauses in a time where the support being offered by Government has been unclear and anyone who did hold insurance is discovering that 'pandemics' and 'infectious diseases' are a common policy exemption.
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Construction, Builders, NZS3910 Building Contracts and Covid-19

Construction, Builders, NZS3910 Building Contracts and Covid-19

Written by:
James Turner
At a press release on 24 March 2020 at 1.00 pm a spokesperson for the Ministry of Business, Innovation and Employment (MBIE) said: "If you are in doubt whether you are an essential service, you're probably not".
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Leases in the Time of Covid-19

Leases in the Time of Covid-19

Written by:
Brandon Cullen
We have been fielding an unprecedented (but understandable) number of queries from both tenant and landlord clients wanting to understand the legal position in respect of either termination of commercial leases, and obligations in respect of rental/outgoings payments.
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Thinking of Buying a Commercial Property?

Thinking of Buying a Commercial Property?

Written by:
Brandon Cullen
Consider these five tips before entering into an agreement.
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Protecting Commercial Landlords From Tenancy Default

Protecting Commercial Landlords From Tenancy Default

Written by:
Brandon Cullen
Unfortunately situations where Tenants are unable to pay rent on their leased commercial premises happens all too often. As a commercial property Landlord, knowing your rights and what to do if this situation arises will help minimise your losses.
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Know Your Business - Things You Should Think About Before the Sale

Know Your Business - Things You Should Think About Before the Sale

Written by:
Steve Graham
When it comes to a business sale you need to "know your business". It is far too easy for assumptions to be made that are not incorporated in thesale agreement itself. In this article, we comment briefly on some of the things you should think about before seeing an agent or putting pento paper.
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Commercial Property Due Diligence Issues

Commercial Property Due Diligence Issues

Written by:
Brandon Cullen
Purchasers of commercial property should undertake an exhaustive review of each potential purchase before declaring an agreement unconditional. This review should be undertaken in consultation with your lawyer, accountant, property manager, building inspector, lender, and otherwise as appropriate.
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