Immediate help - Rent Relief?

Rent payable on April 1st? 

With many business premises now closed because of COVID-19 it is possible that you can get rent relief based on your lease agreement. 

Here is an article from NZ Herald that discusses this option.

 

https://www.nzherald.co.nz/business/news/article.cfm?c_id=3&objectid=12319735 

 

My understanding is under the latest “standard” ADSL Lease 27.5 and 27.6 clauses - but will depend on the actual lease in place, of course. Clause 27.5 is copied below.

 

If this affects you my suggestion is, you check your lease agreement (consult your lawyer as necessary or my BNI legal professional can help you: 

Kris Hockley 

Haigh Lyon Lawyers 

021 333 462

Or talk to your landlord and negotiate some relief directly depending on your situation.

 

No access in emergency

Clause 27.5[1] was inserted into the ADLS Lease in 2012 (after the Christchurch earthquakes), and states:

If there is an emergency and the Tenant is unable to gain access to the premises to fully conduct the Tenant’s business from the premises because of reasons of safety of the public or property or the need to prevent reduce or overcome any hazard, harm or loss that may be associated with the emergency including[2]:

(a) a prohibited or restricted access cordon applying to the premises; or

(b)   prohibition on the use of the premises pending the completion of structural engineering or other reports and appropriate certifications required by any competent authority that the premises are fit for use; or

(c) restriction on occupation of the premises by any competent authority,

then a fair proportion of the rent and outgoings shall cease to be payable for the period commencing on the date when the Tenant became unable to gain access to the premises to fully conduct the Tenant’s business from the premises until the inability ceases.”

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