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serish khan
serish khan, Lawyer
Category: New Zealand Law
Satisfied Customers: 51
Experience:  Solicitor/Partner at Khan & Associates
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I am trying to find out whether, under NZ Contract Law, a

Customer Question

I am trying to find out whether, under NZ Contract Law, a lease end date can be overridden by the clauses within that lease.For example, I lease a horse - the end date is 31/7/2017. The lease is registered with the Registry. In the lease, there is a clause which states, "except anything else agreed by the two parties". If we decide to extend the lease - is that lease document still valid or does it end at the documented end date of the lease?
Submitted: 2 months ago.
Category: New Zealand Law
Expert:  serish khan replied 2 months ago.

Hi there, i would be happy to help with your query. Generally my experience is based on leases within residential and commercial properties but this is assuming the lease documents for leasing a horse are the same. To answer your question, yes you can extend the lease, you can do so by what is called a variation of lease and increase the term of the lease end date in there. That would then work alongside the original lease document. Alternatively, at the end of the lease agreement or on the end date you can create and enter into a new lease with a new expiry date and term. You can also negotiate provisions in that lease that were not in the original lease. The way you choose to go about it is up to you as both a variation or a new lease would be considered valid documents. That particular lease document would end unless you did a variation to lease, even though the clause says except as agreed to between the parties. Generally, you would want something in writing especially if you are increasing a term as if one party changes there mind later on there would be no documentation to rely on even though the clause allows for agreement between parties.

Expert:  serish khan replied 2 months ago.

I hope that answers your query. Please accept the answer and provide a rating so the query can be closed. Please feel free to let me know if i can be of further assistance. Thank you and best of luck.

Customer: replied 2 months ago.
the original lease document ends at the date of termination regardless of whether you agree to vary the lease date....because then another document or amendment to the original would be required? Essentially I am trying to find out if the Registrar who holds the lease is right in yelling me that the lease has expired and I have to send in a variation or write up a new lease document even though my original one says I can vary the lease terms. Don't the terms override the end date on the lease.
Expert:  serish khan replied 2 months ago.
Hi there. The original lease won't end on termination if you have a variation to that lease in writing extending the term. Yes another document would be required by way of variation but it still keeps the lease in tact. Even though the terms say you can agree to things, something like term or expiry of lease must be in writing so essentially in another document which would be read as part of the lease. The easiest option may be to just enter into a fresh lease with new terms. Does that clarify things for you?
Customer: replied 2 months ago.
Ok I think I have my answer. The lease can be extend but there must be a written extension to do so...therefore in effect, the registrar is within her rights to refuse to take action given the original document has not been annotated by a new document extending it and therefore making it continue to be valid. The argument I thought I had was that my rider in the leases saying we could vary the terms as we wished would override the date on the lease and therefore I could show or breed as I wanted or when I wanted and not have to furnish another document.
Expert:  serish khan replied 2 months ago.
that's how I would see it. Please accept the answer and provide a rating if you have your answer. If you have any more questions please feel free to ask. Thank you
Expert:  serish khan replied 2 months ago.

Hi there, does that resolve your query or did you need any further assistance?

Expert:  serish khan replied 2 months ago.

Hi there, can i be of further assistance? if not please accept the answer so the query is closed and taken off the system. Thank you.

Expert:  serish khan replied 2 months ago.

Hi there, Please accept the answer so this query can be closed. Thank you

Expert:  serish khan replied 2 months ago.

Hi there can you please accept the answer so it can be removed from the system. Thank you