This Non-Exclusive Lease Agreement is designed for use in New Zealand commercial property contexts where multiple tenants may share or access common spaces or facilities. It is particularly relevant in modern business environments such as coworking spaces, shared warehouses, or multi-tenant commercial buildings. The agreement incorporates essential elements required under New Zealand law, including compliance with the Property Law Act 2007, while specifically addressing the non-exclusive nature of the arrangement. This document provides comprehensive coverage of key commercial terms, including rent, maintenance obligations, insurance requirements, and shared facility arrangements, while maintaining flexibility for various commercial applications. It is structured to protect both landlord and tenant interests while facilitating efficient shared space management.
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1. Parties: Identification and details of the landlord and tenant
2. Background: Context of the agreement and brief description of the premises
3. Definitions and Interpretation: Definitions of key terms and rules for interpreting the agreement
4. Grant of Lease: Core terms of the lease including premises description, term, and non-exclusive nature
5. Rent and Operating Expenses: Rent amount, payment terms, review mechanisms, and operating expense obligations
6. Security Deposit: Details of bond or security deposit requirements and conditions
7. Use of Premises: Permitted use of the premises and any restrictions
8. Maintenance and Repairs: Responsibilities for maintenance, repairs, and alterations
9. Insurance: Insurance requirements for both parties
10. Default and Remedies: Consequences of breach and available remedies
11. Assignment and Subletting: Conditions for assignment or subletting of the premises
12. Access and Quiet Enjoyment: Landlord's access rights and tenant's right to quiet enjoyment
13. Termination: Grounds and process for termination of the lease
14. General Provisions: Standard boilerplate clauses including notices, governing law, etc.
15. Execution: Signature blocks and execution details
1. Fit-out Works: Details of any tenant fit-out works - include when premises require modification
2. Common Areas: Rights and obligations regarding shared facilities - include for multi-tenancy buildings
3. Green Lease Provisions: Environmental and sustainability requirements - include for environmentally conscious parties
4. Car Parking: Allocation and terms of car parking - include when parking is available
5. Building Rules: Specific building rules and regulations - include for managed buildings
6. Guarantees: Personal or bank guarantees - include when additional security is required
7. Option to Renew: Terms for lease renewal - include when renewal options are offered
1. Schedule 1 - Premises Plan: Detailed plan showing the leased premises and any exclusive/non-exclusive areas
2. Schedule 2 - Rent Schedule: Detailed breakdown of rent, including any stepped increases
3. Schedule 3 - Operating Expenses: List of operating expenses and allocation methodology
4. Schedule 4 - Condition Report: Detailed report on the condition of the premises at commencement
5. Schedule 5 - Building Rules: Detailed building rules and regulations
6. Schedule 6 - Fit-out Specifications: Technical specifications for any approved fit-out works
7. Appendix A - Guarantor Deed: Form of guarantee if required
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