'Fair Proportion' clause coming for Commercial Leases
Stuff.co.nz reports: The Government plans to insert a clause into commercial property leases to encourage businesses and tenants to share the financial burden of Covid-19 restrictions.
As part of the Covid-19 Response Legislation Bill introduced to Parliament, the Government plans to add a clause into commercial leases under the Property Law Act to require a “fair proportion” of rent to be paid where a tenant has been unable to fully conduct their business in their premises due to Covid-19 restrictions, said Justice Minister Kris Faafoi.
“We have heard the concerns from business operators unable to meet full rental costs while their incomes have been hit by Covid restrictions needed to contain the spread of the virus,” Faafoi said.
“Landlord and tenant would need to agree on the amount of rent that is fair. They could also agree that the clause does not apply,” he said.
If unable to agree, they would be required to go to arbitration, unless they agreed to an alternative such as mediation, he said....
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