With the potential release of the new ADLS Deed of Lease, be ready to use it on its release. Are you prepared to handle the challenges that come with tenant variation requests, potential delays in commencement, and complex rent review mechanisms? Attend to gain theses skills plus you will assemble the strategies to tackle overlapping responsibilities, avoid costly disputes, and guide your clients through the complexities of modern ESG considerations in leasing.
Description
Attend and earn 4 CPD hours
9.50am to 10.40am Agreements for Lease: A Practical Overview & Analysis of Critical Issues & Drafting Tips in Relation to New Buildings or Refurbished Premises
- Ability for the tenant to request variations
- Cost increases
- Delays to the commencement date
- Access after the commencement date
- Overlapping of landlord and tenant works
Presented by Julia Flattery, Partner, Duncan Cotteril
12.30pm to 1.15pm ESG and Sustainability: Impact on Commercial Leasing Arrangements In New Zealand
- ESG in the construction and property sector: the political, technological, and behavioural landscape and the risks and opportunities created for commercial building owners and occupiers
- “Green Leases” and lease sustainability clauses: What are current trends in NZ and overseas and are they driving better sustainability outcomes?
- The cost of sustainability initiatives and sustainability items: can NZ landlords meet the cost of sustainability items, or is this a cost that needs to be shared between the parties? What is the current appetite in the tenant market to pay more rent and outgoings for long-term sustainability savings or to signal sense of corporate responsibility towards investors, clients and customers?
Presented by Kate Hatwell, Partner, Tompkins Wake
Chair:
Richard Little, Partner, Eagles Eagles & Redpath
9.00am to 9.50am ADLS Deed of Lease: Where Are we Now?
Though not officially released, there’s speculation that a new edition of The Law Association of New Zealand’s (ADLS) Deed of Lease is on the horizon. As the most commonly used document for commercial property leases across New Zealand, any updates to this form will very likely bring important changes for both landlords and tenants. Assuming this new edition is available ahead of the webinar, we will set out the key changes which have been made and provide a perspective on these.
- Stay ahead of the curve by keeping an eye on potential developments that could affect your next lease negotiation. If the new edition of the Deed of Lease is not available, another interesting commercial leasing related topic will be discussed.
Presented by Paul Chambers, Partner, Hamilton Locke
10.40am to 10.55am Break
10.55am to 11.45am Commercial Rent Reviews
- The Courts’ approach to rent review clauses: lessons from case law
- Is time of the essence?
- Machinery of rent review clauses
- Drafting considerations: setting your clients up for success
Presented by Michelle Hill, Partner, Dentons; Executive Committee Member, Property Law Section, New Zealand Law Society
11.45am to 12.30pm Assignments, Subleases and Surrenders
- Commercial and market drivers
- Parties’ rights and obligations
- Approval requirements
- Ongoing liability of parties
- Termination rights
- Reinstatement obligations
- Recent case law
Presented by Barton Hoggard, Partner, Simpson Western
Learning Objectives:
- Understand key issues and drafting strategies for agreements for lease
- Learn effective negotiation approaches for commercial rent reviews
- Explore the impact of ESG on commercial leasing and cost-sharing
- Grasp the legal considerations of assignments, subleases, and surrenders in commercial leases
Presenters
Michelle Hill, Partner, Dentons
Michelle is a special counsel in the Auckland property team of Kensington Swan. She has over 20 years' experience in helping clients with commercial property deals, and has particular expertise in commercial leasing. This has included advising owners and tenants of a wide range of commercial buildings including shopping malls, retail strips, industrial buildings and offices. She has negotiated several complex design-build lease projects. Michelle is a regular guest lecturer at The University of Auckland on commercial leasing topics for the Bachelor of Property and has given numerous seminars to other audiences. Michelle is a regular columnist for the New Zealand Law Society's The Property Lawyer on commercial leasing topics and has written many articles for other publications.
Barton Hoggard, Partner, Simpson Wester
Barton is a partner in the commercial property team at Simpson Western. He advises clients on all aspects of property law, with a particular focus on property development and leasing arrangements. Barton has practiced law in New Zealand, the United Kingdom and the Middle East. He worked in the United Arab Emirates for ten years and was a corporate partner of English law firm, Clyde & Co, based in Dubai. During this time, Barton advised sovereign wealth funds, governments, Fortune 500 companies, private equity firms, property developers and individual investors on a number of complex transactions in a wide range of industries.
Kate Hatwell, Partner, Tompkins Wake
Kate is a Partner at Tompkins Wake specialising in leasing and commercial property transactions. Kate works with developers and investors across their commercial property portfolios to facilitate the sale and acquisition of property including due diligence and financing. Of Ngati Maniapoto descent, Kate has a strong focus on her own iwi interests and the wider Maori community and is a representative for her hapu Ngawaero on Waipa District Council's consultative committee Nga Iwi o Topu o Waipa. Kate has been practicing law since 2004 and joined Tompkins Wake in 2014 having previously worked at Bell Gully in Auckland and Blake Dawson in Sydney.
Richard Little, Partner, Eagles Eagles & Redpath
Richard enjoys working in many different areas of the law specialising in conveyancing, civil and private law (wills, trusts etc). He has a particular interest in mental health law and regularly appears in mental health proceedings in his current role as the District Inspector for Mental Health in Southland. He regularly appears on behalf of clients in the criminal court and is always available for agency instructions particularly in the High Court. He is currently testing the capabilities of online Legal Services and is actively seeking new instructions from clients everywhere. Richard was raised in Southland, living across the district and attending Southland Boys High School before attending Otago University. He then returned home to work with Eagles, Eagles and Redpath in 2010. He spent a year in Europe in 2014 before returning to concentrate on his career in law. Both socially and competitively, Richard is active in the sporting community. He currently plays for the Invercargill Blues Rugby Club and enjoys social netball, squash and running whenever he can fit it in.
Paul Chambers, Partner, Hamilton Locke
Paul has built his practice in property law with a diverse client portfolio, ranging from individual entrepreneurs to large-scale developers and listed and institutional portfolio holders. Paul is regularly called upon by his property developer and investor clients for advice regarding the acquisition of secured finance and refinancing arrangements. A trusted advisor and considered an expert in his field, Paul has also developed a substantial private client base comprising both New Zealand and non-New Zealand domiciled clients to whom he provides trust and estate planning advice. Paul specialises in acquisition, disposal and leasing of commercial property and residential property development of all scales, and construction contracts from both principal and contractor perspectives.
Julia Flattery, Partner, Duncan Cotterill
Julia is an experienced construction lawyer who brings significant large-project build expertise. She regularly drafts project specific building contracts, subcontracts, consultant appointments, warranties, performance bonds and other ancillary contract documentation; and advises head contractors, subcontractors, consultants and funders in relation to contract packages.
