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LETS GET DOWN TO BUSINESS.

Question :
My lease is up for renewal & I need legal help my landlord is not replying to my request for rent reduction 

Question submitted 04/04/20 @ 07:03am
Industry: Legal
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  • Morena Justine – we are seeing a wide range of experiences between tenants and landlords, some good, some not ideal. Take a look at the terms of your lease – first for the ’emergency clause’ that many standard leases have which means you can have a conversation with the landlord around what rent can be charged in this time of lock-down. Check out the stream from anor question on how to interact with your landlord – in one case, they just stopped paying – https://www.manaaki.io/forums/topic/we-are-negotiating-with-10-landlords-for-rent-due-on-our-retail-premises-what-deals-are-other-businesses-striking-with-regard-to-a-reduction-in-rent-at-this-time/
    In terms of the ‘renewal’ rights – including the rent reduction, you need to look into your Lease Terms – the legal document (1) do you have a right of renewal and (2) what the terms are – we are seeing actually a lot of good partnerships happening between landlords and tenants where they are collectively working through the situation and being pragmatic and supportive of each other’s situation.
    I do think there are some rules now around removal from tenancies – I can’t quite recall, but I think landlords may not be permitted from kicking you out in a time of lock-down – maybe check that out.
    Finally, if they don’t respond – send them a final note, saying that you have tried to engage, you have tried to reach out, and you have tried to discuss a compromise on rent going forward given the situation – then you have a choice, keep paying at the rate you want to pay or dropping it altogether and saying you are ready to chat. Sorry I could not be more specific – not a property lawyer, and hope this helps.

    I agree with Andy. Also, remember there should be a dispute resolution clause in your lease that can be triggered. You do not have to go to court.

    Hi there. You can also consider your options for moving premises. We are forecasting an increased supply in stock and this will enable you to check out other market options for comparable rent/incentives. Happy to help personally if you want to send me your lease to look at? lloyd.budd@bayleys.co.nz

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