Our lawyers keep up with the latest trends and issues in New Zealand law and business, and regularly publish articles and reports on current topics.

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When can lessors of a cross-lease withhold consent for renovations?

Written by Mark Sullivan PARTNER; Sarah McNulty ASSOCIATE on June 7th, 2024.    

An issue that commonly arises in the context of cross-leases is that an owner will usually be required, under the terms of their cross-lease, to obtain consent from the “Lessors” to undertake alterations. In other words, even though they wish to undertake alterations to their own house in their own exclusive area, they will usually first need to obtain the agreement of the other owner(s) of the cross-leased land.
Usually the terms of cross-leases include the proviso that consent “shall not be unreasonably withheld”. The Court has recently considered the legal test for what it means for consent to be “unreasonably withheld” - we discuss the resulting change to the law below.

Forgotten or failed to renew your lease?

Written by David Alizade PARTNER; Darryl King PARTNER; Kelly Seabourne PARTNER; Stephanie Aquilina-Little, SENIOR LAWYER on August 30th, 2021.    

A tenant’s ability to renew its lease for a further term is an important aspect of the bargain a landlord and tenant strike for the lease of a commercial property. However things can go awry when the parties don’t renew their lease at renewal time. The Property Law Act 2007 (PLA) gives a tenant the ability to go to Court for an order renewing its lease if its landlord refuses to renew it. This can be a saviour for a tenant but it means that a landlord needs to tread carefully if it wants to end a lease that has not been renewed.

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