PHOTO: ROSA WOODS The Auckland District Law Society offers a low-cost and binding disputes resolution service.
Tenants may still be entitled to rent reductions under alert level 3 if they do not have full access to their premises to run their businesses.
There has been a lot of debate in the past fortnight over the “no access” clause, clause 27.5, in the Auckland District Law Society Deed of Lease, the most widely used form of commercial lease in the country for a broad range of tenancies.
It states tenants are entitled to pay “a fair proportion” of rent if they cannot access their premises to carry on their normal business in an emergency.
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The key parts of clause 27.5 are that there is an emergency, tenants are unable to gain access to the premises, and they are unable to operate fully from them.
The Auckland District Law Society’s Property Disputes Committee convenor Mark Colthart said clause 27.5 talked about the tenant being able to fully operate their business from the premises.
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