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Commercial Lease Rent Increase Notice Template for New Zealand

A formal notice document used in New Zealand's commercial property sector to inform tenants of an upcoming rent increase under an existing commercial lease agreement. The document complies with New Zealand property law requirements, particularly the Property Law Act 2007, and includes essential details such as the current and new rent amounts, effective date, and the basis for the increase. It serves as an official communication tool between landlords and tenants, ensuring transparency and legal compliance in commercial lease relationships while providing clear documentation of the rent review process.

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What is a Commercial Lease Rent Increase Notice?

The Commercial Lease Rent Increase Notice is a crucial document in New Zealand's commercial property landscape, required when a landlord exercises their right to increase rent under an existing commercial lease agreement. This document must comply with New Zealand's Property Law Act 2007 and any specific provisions outlined in the original lease agreement. It is typically used at scheduled rent review periods or when permitted by the lease terms, providing formal notification of the new rent amount, the calculation basis (whether market-based or CPI-indexed), and the effective date. The notice must be served within specified timeframes and contain sufficient detail to ensure the tenant understands both the quantum of the increase and its justification. This document forms part of the formal lease documentation and may be crucial in any subsequent dispute resolution.

What sections should be included in a Commercial Lease Rent Increase Notice?

1. Date and Address Block: Current date and full address details of both landlord and tenant

2. Lease Reference: Details identifying the relevant lease including property address, original lease date, and any variations

3. Notice Statement: Formal statement declaring this as a rent review/increase notice under the lease

4. Current Rent Details: Statement of current rent amount and payment frequency

5. New Rent Details: Clear statement of new rent amount, effective date, and payment frequency

6. Legal Basis: Reference to relevant lease clause allowing for rent increase

7. GST Statement: Clarification whether amounts are GST inclusive or exclusive

8. Signature Block: Landlord or authorized agent's signature section

What sections are optional to include in a Commercial Lease Rent Increase Notice?

1. Market Review Justification: Include when the increase is based on a market rent review, providing brief justification or reference to valuation

2. CPI Calculation Reference: Include when increase is based on CPI adjustment, referencing the calculation method

3. Payment Instructions: Include if payment details are changing or need to be restated

4. Dispute Rights: Include if required by the lease or if there are specific dispute resolution provisions

What schedules should be included in a Commercial Lease Rent Increase Notice?

1. Rent Calculation Schedule: Detailed breakdown of how the new rent was calculated, particularly important for CPI adjustments

2. Copy of Relevant Lease Clauses: Extract of lease clauses relevant to rent review for reference

3. Market Rent Assessment Summary: If applicable, summary of market rent assessment or valuation findings

Authors

Alex Denne

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

Jurisdiction

New Zealand

Publisher

Ƶ

Cost

Free to use

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