Even the most mundane leasing transaction can quickly go awry, with constant tension between landlords and tenants. Are you across the latest commercial leasing cases and legislative updates? Do you understand the danger of over-reliance on precedents? Don’t miss this afternoon on how to expertly avoid tension in tenancy. Work through the practical issues in relation to assignment of leases and walk away with practical and creative solutions for remedying damages and getting what you want. WEB2311NZA10Z
3.00pm to 4.00pm The Danger of Over-Reliance on Precedents: Legal & Commercial Considerations
- The inherent risk of a ‘one-size-fits-all’ approach to documenting lease arrangements
- Balancing the competing demands for consistency with industry, legal and tenancy-driven requirements
- The need for continual adaptation of lease agreements in response to emerging and evolving commercial, retail and industrial operations
Presented by Aimee Edwards, Senior Associate, Duncan Cotterill
Chair
Chair: Sarah Churstain, Partner, Ford Sumner Lawyers
4.15pm to 5.15pm Remedies and Damages: Practical and Creative Solutions in this Economic Climate
- What to do if a dispute doesn’t fit neatly into the ‘default’ box
- What if there’s a clear breach or default but the remedy provided in the lease is less than ideal?
- Self-help remedies for landlords and tenants: what’s allowed and what can be effective
- Non-monetary breaches and solutions: dealing with breaches of opening and operating covenants, co-tenancy clauses, use restrictions and more
- Monetary breaches and recovering damages: realistic and cost-effective strategies
- Insolvency considerations
- Defaults and property law notices
Presented by Mathew Martin, Senior Associate, Martelli McKegg Lawyers
2.00pm to 3.00pm Assignment of Leases: The Practical Issues in 2023
Examine the transfer of the rights and obligations of the parties, from both the landlord and tenant perspective, in the context of:
- A stand alone transaction
- A sale of business
- Exercise of enforcement rights by a tenant’s financer following default under the tenant’s financing arrangement
- Sale of the freehold by the landlord
Presented by James Watson, Senior Solicitor, Chapman Tripp
Description
Attend and earn 3 CPD hours
4.00pm to 4.15pm Afternoon Tea
Learning Objectives:
- Examine the practical issues in relation to assignment of leases including rights and obligations
- Receive a timely reminder on the danger of over reliance on precedents and work through the legal and commercial risk considerations
- Explore strategies remedy damages and disputes when they arise
Presenters
Mr. Mathew Martin, Senior Associate,
Mathew is a senior associate in our litigation team. He advises on general civil litigation, working alongside Geoff Hardy, Tony Johnson and Jacque Lethbridge. Mathew advises on general civil and commercial litigation matters, including insolvency, debt recovery, contract disputes, residential tenancy, land and property disputes. Mathew has experience in dealing with disputes at all levels, from the appellate courts to specialist tribunals. In construction matters, Mathew advises on disputes arising under the Construction Contracts Act 2002 and the Building Act 2004. Mathew has represented builders and homeowners in adjudications under the Construction Contracts Act, advising on payment claims and payment schedules, and representing builders in professional disciplinary matters.
Mr. James Watson, Senior Solicitor
James is experienced in all property matters and specialises in development, commercial and industrial acquisitions and disposals, leasing and subdivisions. He provides clients with practical legal advice on a range of property matters with a particular focus on development, commercial and industrial acquisitions and disposals, leasing and subdivisions. Before joining Chapman Tripp, James worked at a leading boutique property firm in Auckland where he developed expertise across all aspects of property law and gained an understanding of the commercial drivers within the property industry.
Ms. Aimee Edwards, Senior Associate
Aimee is a property, trust and commercial specialist in the Christchurch office of Duncan Cotterill. With 25+ years in the legal industry, she has extensive experience across a range of legal areas including property development, subdivisions and leases including providing advice to both landlords and tenants on lease issues that arose during the GFC, the 2010 and 2011 Christchurch earthquakes, and more recently the Covid lockdowns.
