If you are seeking specialist commercial leasing advice, look no further than Wynyard Wood.

With extensive commercial leasing experience acting for both commercial landlords and commercial tenants, Wynyard Wood’s commercial leasing lawyers can provide comprehensive and programmatic advice on all aspects of commercial leasing.

We are familiar with the most common forms of commercial leases used in New Zealand. We also regularly review and advise on bespoke lease forms used by the larger and institutional landlords in industrial parks, retail malls (and bulk retail centres) and commercial offices.

We can assist with small and large leasing transactions and can tailor our advice and attendances to suit both simple and more complex commercial leasing situations. As we advise both commercial landlords and tenants in all property sectors throughout New Zealand, we understand better than most the different needs and leasing practices of the different sectors and regions.

Wynyard Wood also have legal expertise in property, construction, health & safety, corporate structuring and financing and can draw on these areas where needed to ensure that all bases are covered when advising commercial landlords and tenants on a commercial leasing transaction.

As commercial leases govern long term contractual relationships, we understand the importance of negotiating the best terms and conditions at the outset. We have the experience and expertise to advise and negotiate those terms and conditions on your behalf and document the agreed arrangements in clear and concise lease documentation written in plain English.

We understand commercial properties are significant investments for landlords

For commercial landlords, we understand the key drivers that protect and maximise asset values, grow rental returns, and promote good landlord and tenant relationships over the long term. To achieve these goals, commercial properties and the commercial tenants that occupy them need to be proactively managed and supported by accurate and comprehensive lease documentation.

We appreciate the needs and requirements of commercial tenants

For commercial tenants, we recognise the critical importance of securing suitable premises in the right location and with the right amenities and having a commercial lease that provides certainty of tenure with sufficient clarity as to the tenant’s rights, obligations and liabilities as well as those of the landlord. For most businesses, commercial rents and outgoings represent a significant portion of their ongoing business costs. The outlay for the initial fitout and the cost of make good and reinstatement at the end of a lease can also be substantial. Most commercial leases may also require the tenant to carry out periodic maintenance, and if you are a retail tenant, you may also have to contend with redecoration and refurbishment obligations.

Lease documents can be long and overwhelming for the inexperienced

Most lease forms are long and comprehensive, often containing terms and conditions that refer to or overlap with other terms and conditions within the same lease. As such, they can be difficult contractual documents to read and understand for those not familiar with commercial leasing.

There are also various statutes and regulations that impose duties and obligations that commercial landlord and commercial tenants must comply with. These include the Property Law Act 2007, Building Act 2004 and the Health and Safety at Work Act 2015 and the regulations promulgated under those Acts.

FAQs

It is also common for inexperienced commercial landlords and tenants to believe that an agreement to lease is the lease only to find out later that they should have also negotiated and entered into a deed of lease which is far more comprehensive in detailing the various terms and conditions that apply to their contractual relationship. Failing to take that extra step can result in difficulties later when a landlord wishes to sell their property but cannot produce a full deed of lease to an interested buyer or the tenant wishes to assign its interest in the agreement to lease and discover that it may be prohibited from doing so until the tenant enters into a deed of lease.

We can help you to review the agreement to lease and also draft and/or review and negotiate the deed of lease to reduce the chances of you running into such difficulties down the line.

We can help in the following areas:

  • Legal due diligence – to help you assess and report on the suitability of a property for purchase, development and/or leasing
  • Drafting, reviewing and negotiating agreements to lease, deeds of lease, lease renewals, lease extensions and lease variations
  • Advise on specific landlord and tenant lease obligations
  • Assist with rent reviews, including drafting and serving a rent review notice, responding to a rent review notice, calculating CPI rents and/or representing you in rent review negotiations
  • Advise on guarantees and other forms of security such as bank guarantees and cash bonds
  • Lease assignments
  • Lease surrenders
  • Breaches of tenant or landlord obligations and tenant and landlord disputes
  • Lease cancellation and re-entry of premises

We can also assist in other types of leasing transactions including:

  • Sale and lease back arrangements
  • Subleasing or licensing agreements
  • Drafting ancillary legal documentation such as heads of terms, side letters recording incentive arrangements, or contracts involving third parties such as (by way of example only), lease tail agreements (when the landlord agrees to take on the lease tail obligations of its new tenant that has an existing lease), fitout contracts, main construction contracts, subcontracts, consultancy agreements and/or development agreements with authorities and utility providers (for new developments)
  • Drafting, reviewing and negotiating bespoke agreements to lease involving new builds (including design, build and lease arrangements), major renovations, staged completion and handover or substantial landlord or tenant works
  • Preparing template leasing documentation for large or multi-tenancy developments or for landlords with extensive property portfolios

Contact Wynyard Wood

If you find any of the above overwhelming, we can help simplify this for you. Contact our Commercial Leasing Law Specialists today.