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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22763
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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I rent a property, on periodic tenancy. It is a combined

Customer Question

Hi, I rent a property, on periodic tenancy. It is a combined work and living property. It has 110m2 of living space (4 bdrm apartment) and 150m2 of warehouse space. My company is the tenant on the rental contract. The current issue is the landlord used
to perform maintenance on the living space, the past 6 months. How ever he said this week when reminded about some outstanding items that he previously had said he would fix, that he will not maintain them as it is a commercial property and maintenance is
my responsibility. Our contract is quite simple and does not specify who's responsibility it is for maintenance. Is the anything specified in Law or similar who should be responsible for 'wear and tear' repairs to the living space on the property? David
Submitted: 1 year ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 1 year ago.

This agreement says it is a commercial tenancy and the landlord was obviously trying to avoid the effect of the Residential Tenancies Act, which would place an obligation for repair on him. However if part of the property is used for your living space, then that part is likely to be subject to the act. The presumption under the act is where the property is used as a residence, then the act will apply. So if the landlord will not continue with the maintenance, you should tell him that it is likely that the tenancy Tribunal could force him to do so. I note that the agreement does not make any provision for maintenance. In those circumstances you are likely to be liable for ordinary wear and tear, but substantial maintenance would be the responsibility of the landlord

Customer: replied 1 year ago.
Hi Chris,when you say 'likely to be liable for ordinary wear and tear, but substantial maintenance'
are you including the residence part of the property when you say that?
Expert:  Chris The Lawyer replied 1 year ago.

I think on both portions, the residential and the commercial

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