Reply To: HelloI own commercial property.  One of my tenants has clause 27.5. They told me they were paying nothing, then told me they would pay 50% and weren’t negotiating.They are back in the building, operating as of the 28th and have told me that they will only pay 75% during level 3.If they have full access to he building then how can they expect to only pay 75%?  Does clause 27.5 allow for this?  If it dosent are they I. Breach of their lease and I can go down that route?Thanks


Hi there. Unfortunately 27.5 isn’t clear on % allocations based on access. We have always encouraged Fair and open communication between the parties.

What type of business is it? Office, retail or industrial?

There are also other opportunities for you to drive value out of the asset. You could get them to exercise their right of renewal, or lengthen their lease as a way to recoup some of the lost value from not paying rent.

Happy to help out with more specific details if we can. lloyd.budd@bayleys.co.nz

All the best.

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