The Role and Activities of a Property Leasing Lawyer in South Auckland
Property leasing in Manukau and south Auckland in general, is a big business. There are retail outlets, warehouses, light industrial, offices, medical facilities, warehouses, and more. A property lease is a legal document, so it pays to hire a property leasing lawyer in South Auckland to help you with the documentation.
Below we look at some of the typical activities and responsibilities of a property leasing lawyer in south Auckland.
Drafting and Reviewing Lease Agreements
One of the core activities of a property leasing lawyer is the preparation, drafting, and review of commercial and residential lease agreements. There are template lease agreements available online but as with most boilerplate items, they lack specific needs that you might have. Given the finances involved, and the commitment of leasing commercial property, it makes sense to hire a lawyer with experience in business real estate leasing.
They can ensure that the lease complies with the Property Law Act 2007 and the Residential Tenancies Act 1986, as well as local Auckland regulations.
The lawyer will make sure that the lease clearly states the terms like rent, duration, rights of renewal, maintenance obligations, and exit clauses.
They can also review existing leases to determine any potential risks or unfavourable terms before the agreements are signed.
Negotiating Lease Terms
It is common to negotiate the advertised terms of a commercial property lease. Often the client does not feel comfortable negotiating with the owner, their property manager or even their lawyer. The latter two will be more experienced in property negotiations than the lessee.
Therefore, another part of a property leasing lawyer’s role is to act on behalf of either landlords or tenants and negotiate key terms for the agreement.
The lawyer will also be aware of current market trends in leasing terms, whether to be flexible on the rent and other terms, or to remain firm.
Legal Due Diligence
The lawyer will also conduct due diligence to verify the landlord has title to the property. They will also look for any encumbrances, easements, or zoning issues, to ensure compliance with Auckland Council requirements.
Advising on Rights and Obligations
Another topic for property leasing lawyers is advising clients on their rights and obligations under New Zealand law in general, and the specific lease in question. For a tenant, this could be advice on risks of early termination, rent reviews, or obligations to repair and maintain the premises. For landlords, they can advise on legal remedies for tenant default, how to deal with late rent payments, or the need for property inspections.
Dispute Resolution and Litigation
Disputes can arise at any stage of a lease.
When a lease is in force, a number of topics might become an issue. A south Auckland property leasing lawyer can help their clients to resolve problems like unpaid rent, property damage, breaches of covenants, or disagreements over lease renewals.
Dispute resolution typically involves one of three methods, namely negotiation, mediation, or arbitration. If these do not work, then court is the final resort in which case, they can help with the litigation process.
Staying Up to Date with Market and Legal Developments
The commercial property market in Auckland is constantly changing. This market knowledge can be a game-changer for their clients. It can be the difference between a profitable or costly let, for either side of the lease. Make sure your lawyer knows what is happening in the Manukau commercial real estate market.
Client Communication and Relationship Management
South Auckland property leasing lawyers spend a lot of time communicating with clients, real estate agents, property managers, building owners, and more. They have to explain complex legal concepts in plain language, manage client expectations, and build long-term relationships based on trust and reliability.
Summing Up
In summary, the activities of a property leasing lawyer in south Auckland are varied and multifaceted. A key requirement, besides being an experienced lawyer, is awareness of local market conditions. If you are considering buying, renting, or getting tenants for any type of commercial property in Manukau and the surrounding areas, look at McVeagh Fleming.
They are a law firm n the centre of Manukau city, and have a team of lawyers who will be able to help you.
