About this land lease
This land lease is for letting land that may or may not include buildings or items of plant and machinery. The property could be used for any purpose, from plant or equipment storage, to a scrap yard, to a garden centre or timber yard or farmers’ marketplace.
This is a professionally drawn, very comprehensive lease with massive legal protection for the landlord including a long menu of “do’s” and “don’ts”.
This lease is not a compromise between the interests of the parties. It prefers the landlord’s interest. We think that is the best start point. If you wish to make concessions to your tenant, that is fine, but we want you have those choices.
It includes service charge provisions to provide 100% recovery of service costs.
Similar lease agreements
We offer a different version of this lease for letting a car park or lorry park. See: Car park lease agreement.
Key features
Plain English is used throughout except where it is necessary to use legal terms common in this field of law.
The key features of this agreement can be summarised as:
- standard guarantor
- options for transfer or assignment to another party
- sub-letting forbidden
- option to include a break clause for premature termination by the tenant
- a choice of options for rent reviews
The law in this land lease
Commercial leases in New Zealand are governed by the Property Law Act 2007. There is no legal requirement that lease must be registered. However, the parties have the option of protecting their interests by registering the lease.
Land lease contents
This template is comprehensive, providing alternative choices for important decisions.
The contents include 25 main provisions and 2 schedules covering:
- rent: amount, other payments, interest on overdue rent, periodic review
- condition and repair
- tenant's positive obligations
- restrictions on tenant: prohibited activities on the property
- signs and advertisements
- goods and vehicles
- assignment of the lease
- indemnities by the tenant
- security deposit
- insurance
- access for landlord
- guarantor
- termination: default notice by landlord; provision for premature termination (a break clause)
- forfeiture
- Schedule 1: rights reserved
- Schedule 2: draft agreement for a security deposit agreement
This document was written by a solicitor for Net Lawman. It complies with current New Zealand law.
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