Property problems: Lease terms the starting point for any dispute

Sunday 23 May 2004

Q. I own a multi-tenanted industrial complex at Mt Maunganui.

My father has been managing it for me while I am overseas and he has allowed one of the tenants to place a large container over part of his carpark and part of the access way.

I'm returning home and want to get the container moved from the site or charge them for leaving it there. Can I do this?

By The Landlord

br> A. The first step in solving any dispute between landlord and tenant is to refer to the provisions of your lease. The most common forms of commercial leases in New Zealand are:

* A "Boma" lease: which is a "landlord friendly" pre-printed form of lease used for large commercial centres.

* A modified Boma lease: many property owners/companies (in particular owners of large retail centres) have adopted their own modified form of the Boma lease; and;

* An Auckland District Law Society (ADLS) lease: a more "tenant friendly" pre-printed form of lease, historically used for smaller commercial premises or those not part of a retail or commercial centre.

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