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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22885
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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Our landlady has sold her entire property with our business

Customer Question

Our landlady has sold her entire property with our business attached included. We had a talk to the new owners about the new rent amount they envisaged and we agreed in principal noting that we are still in arbitration over this point as well as the point that there are repairs that had not been done. We noted that we were happy to foot some bills for that but that would need to be reflected in the future rent. We never came to an agreement about the specific conditions. Can the new owner insist on the validity of what they see as a verbal contract? I think they might have taped our discussion, I was in tears at the time as we had suffered greatly under 15 month of lawyers just to settle a rent adjustment issue. We won this one. Taping without informing us or telling us? Is that leagal?
Submitted: 1 year ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 1 year ago.

Normally when you have a change of landlord, the lease carries over on the same terms as before. If you have had an arbitration about the rental, this carries on and the new owners are bound by the result. The agreements about the lease would need to be placed in writing however and any conversation which has been recorded would not provide evidence of a contract. It is not illegal to record the conversation, but if it was made without your consent, they may have some difficulty in using this if it was obtained unfairly. So the arbitration result is what will be important, if you cannot agree with the new owner about the rental.

Expert:  Chris The Lawyer replied 1 year ago.

You may have other questions about this so please ask

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