At Malley & Co, we work hard to give industry-leading advice and recommendations. The specialists in our team write articles and commentaries about factors affecting the current market. You will find some of these here.

Commercial Leases - Rent Relief in an Emergency

A number of landlord and tenant clients have asked us to advise in respect of the current lockdown and the effect this will have on the tenant’s obligation to pay rent and outgoings as per the terms of their lease.

The primary consideration is the form of the lease itself.  The most common form of lease used in New Zealand is the Auckland District Law Society Deed of Lease (ADLS Deed of Lease).  The ADLS Deed of Lease was updated in 2012, following the Canterbury earthquakes, to include clauses which provide for rent relief in the current situation.

However, earlier versions of the ADLS Deed of Lease do not contain any such rent relief provisions.  Further, any non-ADLS leases (i.e. bespoke shopping centre leases) would need to be thoroughly reviewed in order to determ...

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