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This book is only available in PDF format
Author(s): David Grinlinton, Bill Sandston
Published: 12 June, 2000
Pages: 120
   

One of the results of these market trends has been the common acceptance of negotiated changes to aspects of standard forms of lease such as the Auckland District Law Society’s lease form, and the Building Operators and Managers Association’s (now the Property Council of New Zealand) various forms of lease. Another has been the large volume of judicial reaffirmation, re-formulation, and sometimes rejection, of legal rules applicable to leases. Less emphasis is placed on traditional property law principles as remedies sounding in contract, tort and equity are increasingly applied. Abandoning basic principles in this area can lead to uncertainty and the risk of “throwing the baby out with the bath water!”

For these reasons it was felt the seminar should offer some review of “first principles” applicable to leases, as well as the conventional coverage of recent case law and matters of leasing practice.
 

Content outline

  • A contextual overview
  • Recent developments in lease agreements
  • Problems with lease creation
  • The landlord's liability for fitness for purpose
  • Quiet enjoyment, derogation from the grant and the nuisance of other tenants
  • Making good damage and/or loss: maintenance obligations (repair) and insurance
  • Assignment and sub-letting
  • Carparking - lease or licence?
  • Lease drafting - issues arising from recent litigation and current market trends
  • When things go wrong - remedies
  • Commercial aspects of residential tenancies
  • Commercial tenancies protection legislation?
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