Commercial Leasing Intensive

Are you across the most recent trends and legal considerations when dealing with subleases? Are you confident in handling variations, surrenders, and lease terminations? Are you well-versed in the rights of landlords and tenants during liquidation, administration, and receivership scenarios? Do you have an inventory of strategies for navigating common lease disputes relating to relief and dilapidation claims? Attend this practical programme and add to your repertoire of leasing proficiencies. 

Tuesday, 5 March 2024
Chair:

Dan Williams, Partner, Anderson Lloyd

9.00am to 10.00am Subleasing: Trends and Legal Considerations

Following Covid-19 the commercial tenancy market continues to change, with tenants looking to optimise their footprint in response to economic headwinds, changing work patterns, a desire for quality and sustainability initiatives.

  • Review and consider the key trends and legal considerations when it comes to subleasing commercial premises

Presented by Michael Bennett, Senior Associate, Greenwood Roche

10.00am to 11.00am Variation, Surrender and Termination of Leases: Tips and Traps
  • Variation
  • Determining when changes to a lease result in a surrender and re-grant of the lease
  • Understanding the potential consequences of agreeing to lease variations
  • Exploring recent legal developments that have influenced this area of law
  • Surrender
  • The significance of not neglecting surrender provisions during lease negotiations and drafting
  • Identifying when surrender takes place, either upon vacating the space or meeting specific conditions
  • Analyse the practical and legal ramifications of failing to surrender in accordance with lease terms
  • Termination
  • The need to remove improvements upon lease expiration or early termination
  • Assessing potential damages associated with failure to vacate the premises

Presented by Michael O’Flaherty, Senior Associate, Gibson Sheat Lawyers

11.15am to 12.15pm The Rights of Tenants and Landlords in Liquidation, Administration and Receivership Scenarios

Explore insolvency matters within the context of leasing, considering the perspectives of both landlords and tenants. The topics you will cover include:

  • The impact of a counterparty's insolvency on their rights, depending on the nature of the insolvency
  • The fate of bank guarantees and security deposits made by a tenant in the event of their insolvency
  • A tenant's entitlements under a lease if the landlord experiences insolvency
  • The efficacy of insolvency event clauses within leases
  • The repercussions of actions taken by a secured lender or mortgagee in possession on the involved parties
  • The rights of subtenants following a tenant’s insolvency

Presented by Stephen Caradus, Senior Associate, Duncan Coterill

12.15pm to 1.15pm Common Lease Disputes: Dilapidations and Applications for Relief

Join us for a helpful practical overview of two common types of disputes that arise in  Retail and Commercial Leases.  Learn about:

  • How to deal with dilapidations issues at lease expiry, from both a tenant and landlord perspective, and options available for resolving claims. 
  • The relief available where the landlord is seeking to cancel the lease or is refusing to renew it

The sessions will examine both the substantive law as well as the procedures required, with deeper exploration of selected aspects of the topics.

Presented by Richard Hearn, Partner, Corcoran French Lawyers

Description

Attend and earn 4 CPD hours

11.00am to 11.15am Morning Tea
Learning Objectives:
  • Review and consider the key trends and legal considerations when it comes to subleasing commercial premises
  • Receive practical tips and traps for handling situations of variation, surrender and termination of leases
  • Understand the rights of tenants and landlords when faced with liquidation, administration, and receivership scenarios
  • Explore the legal intricacies, latest industry trends, and effective strategies for resolving disputes in the retail and commercial leasing landscape

Presenters


Mr. Dan Williams, Partner, Anderson Lloyd
Dan Williams is a partner at Anderson Lloyd and is a forestry law specialist. Dan advises some of the largest commercial plantations owners in New Zealand, iwi forestry groups, conservation trusts and large corporates on forestry and ETS related issues.


Mr. Richard Hearn, Partner, Corcoran French Lawyers
Richard joined Corcoran French’s litigation team in 2015. Prior to joining Corcoran French, Richard worked as a litigator for Inland Revenue, firstly in its national office and more recently in Christchurch. Richard also spent two years with the Crown Law Office in Wellington as a member of their tax & commercial and criminal teams. Richard’s areas of expertise include general civil and commercial litigation, particularly in insolvency and tax disputes. He also has experience with administrative law including judicial review. Richard also represents both employers and employees in resolving employment issues. Richard graduated with a BCA and LLB from Victoria University in 2005, and completed his LLM(Hons) through Auckland University in 2011. Richard is a keen outdoors man and enjoys hunting, fishing and tramping. He can also be found on the golf course when time permits.


Mr. Stephen Caradus, Senior Associate, Duncan Cotterill
Stephen is an accomplished practitioner in litigation and disputes resolution, possessing a diverse range of expertise spanning across a variety of sectors. He has a proven track record at quasi-judicial, District Court, High Court, Court of Appeal, and Supreme Court level. Stephen has a wealth of experience in trust and testamentary litigation, including presenting seminars through New Zealand Law Society CLE on various trust and relationship property issues. He offers regular counsel to private, corporate and professional trustees, encompassing topics such as trustee duties, disclosure, trust powers, beneficiary disputes and hostile litigation, along with Family Protection and Relationship Property claims. Stephen also plays a pivotal role in coordinating Duncan Cotterill’s insolvency and debt recovery teams, leveraging his expertise to navigate complex legal issues for liquidators, company officers and creditors alike. He has a reputation for providing fast, effective, and pragmatic solutions. Stephen is a member of RITANZ.


Mr. Michael O’Flaherty, Senior Associate, Gibson Sheat Lawyers
Michael has acted for a range of clients from individuals, companies and government entities. He has appeared for clients before seven different judicial institutions on a broad variety of legal issues. While he is established in his position, Michael is always keen to keep developing and taking on bigger and more difficult challenges. There are three main areas of law that Michael specialises in - Employment Law, Property Law and Commercial Law generally. For Employment Law Michael can assist with everything from employment agreements, restructures and resolution of disputes, from investigations through to the Employment Court. His Property Law expertise includes commercial leasing, co-location agreements and acquisitions / disposals. Michael can also advise on Commercial Law matters generally, including business sales and purchases, company structure documentation and agreements relating to commercial activities. From time to time he will also assist with legal matters that do not fall into any other lawyer's specialist areas. Michael is on the Property Law Committee for the Auckland District Law Society. He has previously been the convener for the Canterbury Young Lawyers Society and is a regular plasma donor with the NZ Blood Service Te Ratonga O Aotearoa. Outside of work, Michael enjoys sports, whether it is playing football, watching NFL, or getting his heart broken by the Blackcaps every four years. He is also a keen traveller when the time allows, and relishes planning where in the world he would like to travel next. In 2021 Michael became a new Dad to the best little boy in the world. On a weeknight, you'll find Michael at a quiz night with a craft beer or spending time at home with his family.


Mr. Michael Bennett, Senior Associate, Greenwood Roche
Michael joined Greenwood Roche in 2019 after gaining a range of experience in full service firms. Michael has broad experience in commercial property transactions and leasing, property acquisition and disposal, development and subdivisions.

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Commercial Leasing Intensive

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DELIVERY MODE BELOW

Single Session
Tuesday, 5 March 2024
9.00am to 1.15pm Pacific/Auckland
CPD Hours 4
4
$420.00
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