Company Tenancy Agreement Template for New Zealand

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Key Requirements PROMPT example:

Company Tenancy Agreement

"I need a Company Tenancy Agreement for a retail space in Auckland CBD, starting from March 2025, with specific provisions for after-hours access and the tenant's right to modify the storefront."

Document background
The Company Tenancy Agreement is a vital legal instrument used in New Zealand commercial property transactions when a business entity wishes to lease commercial premises. This document is essential for establishing a formal landlord-tenant relationship in a commercial context, ensuring compliance with New Zealand property law, including the Property Law Act 2007 and related legislation. It covers crucial elements such as lease term, rent payments, maintenance responsibilities, insurance requirements, permitted use, and default provisions. The agreement is typically more complex than residential leases due to the commercial nature of the relationship and the need to address business-specific requirements. It should be customized to reflect the specific needs of the commercial property and the tenant's business operations while maintaining enforceability under New Zealand law.
Suggested Sections

1. Parties: Identification of the landlord and tenant, including full legal names, company registration numbers, and registered addresses

2. Background: Context of the agreement, brief description of the premises, and purpose of the lease

3. Definitions and Interpretation: Definitions of key terms used throughout the agreement and rules for interpretation

4. Grant of Lease: Formal grant of the lease, specifying the premises and any exclusive or shared areas

5. Term of Lease: Duration of the lease, commencement date, and expiry date

6. Rent and Operating Expenses: Rent amount, payment terms, operating expenses, and outgoings

7. Rent Review: Methods and timing of rent reviews during the lease term

8. Use of Premises: Permitted use of the premises and any restrictions

9. Maintenance and Repairs: Responsibilities of both parties regarding maintenance, repairs, and alterations

10. Insurance: Insurance requirements for both parties

11. Assignment and Subletting: Conditions under which the tenant may assign or sublet the premises

12. Landlord's Covenants: Obligations and promises of the landlord

13. Tenant's Covenants: Obligations and promises of the tenant

14. Default and Termination: Events of default and consequences, termination provisions

15. Dispute Resolution: Process for resolving disputes between parties

16. General Provisions: Miscellaneous legal provisions including notices, governing law, and entire agreement

17. Execution: Formal signing section with execution blocks for all parties

Optional Sections

1. Guarantees: Required when there are personal or corporate guarantors for the tenant's obligations

2. Fitout Works: Used when the tenant will be conducting initial fitout works to the premises

3. Options to Renew: Included when the tenant is granted options to renew the lease for additional terms

4. Rights of First Refusal: Used when the tenant is granted first right to lease additional space or purchase the property

5. Car Parking: Required when specific car parking arrangements are part of the lease

6. Building Management: Included for multi-tenanted buildings with specific building management requirements

7. Green Lease Provisions: Used when parties agree to specific environmental and sustainability obligations

8. Seismic Requirements: Required for buildings in seismic risk areas or with specific seismic rating requirements

Suggested Schedules

1. Schedule 1 - Premises Plan: Detailed plan showing the leased premises, common areas, and any exclusive use areas

2. Schedule 2 - Rent and Operating Expenses: Detailed breakdown of rent, operating expenses, and payment schedules

3. Schedule 3 - Maintenance Schedule: Detailed allocation of maintenance responsibilities between landlord and tenant

4. Schedule 4 - Building Rules: Rules and regulations for use of the building and common areas

5. Schedule 5 - Fitout Specifications: Specifications for any approved tenant fitout works

6. Schedule 6 - Condition Report: Report on the condition of the premises at the commencement of the lease

7. Appendix A - Guarantees: Forms of any required guarantees

8. Appendix B - Insurance Requirements: Detailed insurance requirements for both parties

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Real Estate

Commercial Property

Retail

Professional Services

Manufacturing

Healthcare

Technology

Hospitality

Education

Financial Services

Logistics

Warehouse and Distribution

Construction

Legal Services

Relevant Teams

Legal

Operations

Finance

Facilities Management

Risk and Compliance

Real Estate

Property Management

Administrative Services

Corporate Services

Executive Leadership

Relevant Roles

Property Manager

Facilities Manager

Legal Counsel

Commercial Lawyer

Real Estate Agent

Chief Financial Officer

Operations Manager

Business Owner

Commercial Director

Lease Administrator

Risk Manager

Company Secretary

Managing Director

Property Portfolio Manager

Compliance Officer

Asset Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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