by AlexanderDorrington | Sep 22, 2015 | General property Law, Leasing, Unit Titles
Body Corporate 401803 (the 103 Tremont apartment complex in St Lukes, Auckland) has recently been to the Court of Appeal. At issue was the validity of guarantees given by the body corporate to third parties under leases of 3 units – the manager’s apartment, the...
by Denise Marsden | Apr 7, 2015 | Leasing, Unit Titles
Leasing unit titles is more complex than other forms of leasing. The Unit Titles Act 2010 (UTA) and the body corporate operational rules will prevail over the lease. The landlord might only have a very small say in how that plays out. This depends on their individual...
by Debra Dorrington | Mar 10, 2015 | General property Law, Leasing, Subdivisions, Unit Titles
In the past, proxies were commonly used in the unit title setting. Developers would provide for them in sale contracts. Property managers would include them in leases of serviced apartments. It gave the developers and the managers the opportunity to control...
by AlexanderDorrington | Nov 21, 2012 | General property Law, Leasing
Changes to the ADLS 6th Edition Deed of Lease that help the landlord: CPI rent review – the CPI review ratchets commencement rent and could ratchet inflation based growth only. Insurance excess – the recoverable excess increased to...
by Jourdan Griffin | Aug 29, 2012 | General property Law, Leasing
The government’s measures to increase their tax take through the targeting of the property industry looks set to continue. First we had the erosion of depreciation, followed by the changes to loss attributing qualifying companies. Now the government is proposing to...
by Jourdan Griffin | Jun 27, 2012 | General property Law, Leasing
The sight of the ADLS Fifth Edition 2008(2) commercial lease can bring a feeling of both comfort and familiarity. The ADLS commercial lease is widely used and understood. It is often seen as the form of lease that can ‘get the deal over the line.’ It is generally...