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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22163
Experience:  37 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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We bought a business and took over the lease 11 years ago on

Customer Question

We bought a business and took over the lease 11 years ago on a two year lease with right of renewal for further two years. We have recently relocated and under the instructions from the property manager have painted top to bottom for something we believe is wear and tear from the business being there for 20 years. But beside that there is a clause in the lease agreement that says we need to replace any damaged glass. There are two windows that have been vandalised by way of scratching graffiti into them and the property manager says WE need to replace them. I have been given advise by a glazier that legislation changed whereby the leasee isn't responsible for this any longer, and that it should be covered by the owners insurance? I cannot find this legislation and really cannot afford to pay for another two windows
Submitted: 6 months ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 6 months ago.
This has come about because of a change to the Property Law Act in sections 269 to 271 of the Act. This moved the liability to the lessee but does depend on what your lease actually states271 Lessee may acknowledge lessor has not insured, or fully insured, premises(1)A lessee may expressly acknowledge in an instrument that the lessor has not insured, or has not fully insured, the premises or the land on which the premises are situated against destruction or damage arising from 1 or more of the events referred to in section 268(1) that are specified in the instrument.(2)The lessor and the lessee may expressly agree in that instrument that the lessee will meet the cost of making good the destruction or damage, or will indemnify the lessor against the cost of making good the destruction or damage, to the extent, but only to the extent, that—(a)the destruction or damage arises from an event specified in accordance with subsection (1); and(b)at the time when the destruction or damage occurs, the lessor is not, in fact, entitled to be indemnified under a policy of insurance for the whole or any part of the destruction or damage; and(c)the absence of insurance cover for the whole or any part of the destruction or damage has been acknowledged by the lessee in accordance with subsection (1).
Expert:  Chris The Lawyer replied 6 months ago.
So if your lease says that liability has shifted you will be liable. Am older lease like yours may not have this, and you should confirm with the property manager whether this applies or not

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