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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22969
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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Tenant commercial property and have some out standing rent

Customer Question

tenant for a commercial property and have some out standing rent ariers that has been discussed with land lord. Last night a drunken bypasser smashed a huge window of this hair salon breaking very large window. landlord refuses to not pay the $ for the window and would like me being the tenant to now as window has had to be boarded up last night. I don't have the $ to pay to get the window fixed and don't have time to wait for reperation from the caught person who did this. Is the landlord responsible to cover the cost for this as it is clearly structural and unable to hold the rent ariers over the situation?
Submitted: 1 year ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 1 year ago.

This depends on what your lease says about who pays for this. I assume you dont have your own insurance, because that is normally how you would claim this. Normally large windows like this are structrual and part of the outside of the building so covered by the landlord's insurance so should be his responsibility. So I suggest you check the lease and confirm what it says about this. Then if the landlord refuses to contact his insurance company then tell him you will be left unable to trade without the window, which may mean you cannot pay the rent, so it is in his inrterests to solve this.

Customer: replied 1 year ago.
ok thanku, but is he intitled to not fix because of rent ariers?
Expert:  Chris The Lawyer replied 1 year ago.

He might say so, but that is a separate issue. And it wont help his rent arrears if your shop cannot trade so that is what you need to emphasise.