Legal Question in Real Estate Law in New Zealand (Aotearoa)
payment of unoccupied lettable space
A tenant has not signed a lease, and has made payment to unoccupied space. Then for six months, the tenant no longer makes payment and the lessor decideds to terminate the contract. Question: should the tenant pay the 6months??
Asked on 11/17/06, 5:20 pm
1 Answer from Attorneys
Simon Laurent
LaurentLaw Barristers & Solicitors
Re: payment of unoccupied lettable space
The tenant should pay the rent if they have occupied and used the space and the landlord has permitted them to do so. The landlord has a right in equity which could be actioned through the Courts if necessary, even though a lease document was never signed. The initial payment by the tenant would help to establish an intention to be bound, but is not essential to prove the landlord's right.
Answered on 11/18/06, 4:40 pm
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