DAMAGE TO COMMERCIAL PROPERTIES
No two commercial leases are exactly the same. Therefore, this commentary is intended to do no more than provide a general overview of the rights and obligations of landlords and tenants in situations where premises are damaged. For this reason, all examples of terms in leases relating to damage referred to in this article are those that are implied under the Property Law Act 2007 (PLA) and the express terms in the Auckland District Law Society Deed of Lease Sixth Edition 2012 (5) (ADLS Lease) which is the most commonly used lease. If readers need specific advice about the meaning and effect of the terms in their leases that deal with damage to their premises then they should seek the guidance of a lawyer.
Commercial leases have express or implied terms incorporated into them setting out the rights and obligations of parties in cases where properties sustain damage.
The express terms in commercial leases are invariably tailored to suit the type of premises being leased (for example, office, retail, industrial) and the commercial arrangements agreed to by the parties.
‘The extent of a landlord’s obligation to maintain and repair leased premises must be expressly written into the terms of
