Question :
I need Legal advice to negotiate with my landlord for the period of the loockdown and beyong. I’m a business owner and I rent a commercial building for my business and the landlord expect full payment for the commercial rent of the building while we can not have access to the building and our business is shutdown because of the loockdown. I look forward to your reply.Regards.reneolmos@hotmail.com 

Question submitted 16/04/20 @ 03:18pm
Industry: Legal
  • Are you on the 6th Edition ADLS Form or something else? If you are on the 6th Edition clause 27.5 will allow you a right of an abatement of a fair proportion of the rent. “Fair” proportion depends on your circumstance, but market at the moment suggest at least 50%. If this is the cause of the dispute, the lease contains a dispute resolution process that can be triggered.

    If you are not on the 6th Edition (e.g. some mall leases), this provision may not be in your lease – and the discussion may well be more of a commercial negotiation regarding a rent deferral rather than an abatement. Happy to discuss on 021 705 914. Phil

    Hi Rene
    There are several options for you. If you have a certain version of the standard ADLS Commercial Lease agreement you may have the ability to avoid paying lease payments over this time if a “force Majuere” clause. If you do not, the government has introduced some guidelines which you can look to in order to try and reach a good faith agreement with your landlord to at least significantly lower your lease payments during this period.
    I can refer you to a list of lawyers who you can contact to get specific advice based on the agreement for lease you have entered into or you can speak with someone at your local Community Law Centre.
    Kind Regards
    Jacque Lethbridge, Partner, Martelli McKegg

    Morena Rene – take a look at the discussions on the Legal Forum and Retail Forums https://www.manaaki.io/forums/forum/legal/ on this site. Andy

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