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Property problems: Lease terms the starting point for any dispute

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?

Sunday, May 23rd 2004, 7:55AM

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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Lender Flt 1yr 2yr 3yr
AIA - Back My Build 3.34 - - -
AIA - Go Home Loans 5.89 ▲4.65 ▲5.25 ▲5.49
ANZ 5.79 5.29 5.89 6.09
ANZ Blueprint to Build 7.39 - - -
ANZ Good Energy - - - 1.00
ANZ Special - 4.69 5.29 5.49
ASB Bank 5.79 ▲4.65 ▲5.25 ▲5.49
ASB Better Homes Top Up - - - 1.00
Avanti Finance - Near Prime 6.35 - - -
Avanti Finance - Specialised 7.45 - - -
Basecorp Finance 6.35 - - -
Lender Flt 1yr 2yr 3yr
BNZ - Mortgage One 5.94 - - -
BNZ - Rapid Repay 5.94 - - -
BNZ - Std 5.84 ▲4.65 ▲5.09 5.29
BNZ - TotalMoney 5.94 - - -
CFML 321 Loans 3.95 - - -
CFML Home Loans 6.05 - - -
CFML Prime Loans 6.25 - - -
CFML Standard Loans 6.95 - - -
China Construction Bank 6.44 4.85 4.95 4.95
China Construction Bank Special 6.44 5.85 5.95 5.95
Co-operative Bank - First Home Special - 4.55 - -
Lender Flt 1yr 2yr 3yr
Co-operative Bank - Owner Occ 4.99 4.65 5.29 5.49
Co-operative Bank - Standard 4.99 5.15 5.79 5.99
Credit Union Auckland 7.70 - - -
First Credit Union Special - 4.89 5.49 -
First Credit Union Standard 6.49 5.29 5.89 -
Heartland Bank - Online 5.30 5.89 - -
Heartland Bank - Reverse Mortgage 7.99 - - -
Heretaunga Building Society 6.50 5.50 5.65 -
ICBC 5.39 4.49 4.89 5.15
Kainga Ora 5.79 4.59 4.95 5.19
Kainga Ora - First Home Buyer Special - - - -
Lender Flt 1yr 2yr 3yr
Kiwibank 5.65 5.39 5.79 6.05
Kiwibank - Offset 5.65 - - -
Kiwibank Special 5.65 4.49 4.89 5.25
Liberty 6.65 6.55 6.22 6.20
Nelson Building Society 6.49 4.69 5.09 -
Pepper Money Near Prime 6.55 - - -
Pepper Money Prime 5.99 - - -
Pepper Money Specialist 8.00 - - -
SBS Bank 5.84 ▲5.29 ▲5.79 5.75
SBS Bank Special - ▲4.69 ▲5.19 5.15
SBS Construction lending for FHB 3.74 - - -
Lender Flt 1yr 2yr 3yr
SBS FirstHome Combo 3.29 ▲4.19 - -
SBS FirstHome Combo - - - -
SBS Unwind reverse equity 7.99 - - -
TSB Bank 6.59 ▲5.39 ▲5.99 ▲6.29
TSB Special 5.79 ▲4.59 ▲5.19 ▲5.49
Unity First Home Buyer special - 3.95 - -
Unity Special 5.79 ▲4.59 ▲5.09 -
Unity Standard 5.79 ▲5.39 ▲5.85 -
Wairarapa Building Society 6.15 4.79 ▲5.29 -
Westpac 5.89 5.29 5.79 5.89
Westpac Choices Everyday 5.99 - - -
Lender Flt 1yr 2yr 3yr
Westpac Offset 5.89 - - -
Westpac Special - 4.69 5.19 5.29
Median 5.94 4.69 5.29 5.49

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