The Commercial Notice To Vacate is a crucial document in New Zealand's commercial property landscape, governed primarily by the Property Law Act 2007. It is used when a landlord requires a commercial tenant to vacate premises, either due to lease expiry, breach of lease terms, or other circumstances specified in the lease agreement. The notice must contain specific information including property details, vacation date, and premises condition requirements. It serves as a formal trigger for the vacation process and can have significant legal implications if not properly executed. The document is essential for maintaining clear communication between parties and ensuring compliance with New Zealand commercial property law requirements. Proper documentation and delivery of the notice are crucial for its validity and enforceability.
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1. Sender Details: Full legal name and contact details of the party giving notice (landlord/property manager)
2. Recipient Details: Full legal name and contact details of the tenant receiving the notice
3. Date: Current date and date of service of notice
4. Property Details: Complete address and description of the commercial premises
5. Notice Statement: Clear statement that this is a notice to vacate the premises
6. Vacation Date: Specific date by which the premises must be vacated, ensuring compliance with notice period requirements
7. Legal Authority: Reference to relevant clause in lease agreement and/or Property Law Act 2007 provisions
8. Premises Condition Requirements: Statement of condition the premises must be left in, referring to lease terms
9. Signature Block: Space for signature, name, and capacity of person giving notice
1. Reason for Notice: Required if the notice is due to breach of lease or specific circumstances rather than natural lease expiry
2. Outstanding Payments: Include if there are any rent arrears or other payments due
3. Key Return Instructions: Include specific instructions for returning keys and security devices
4. Final Inspection Details: Include if scheduling a final inspection is required
5. Make Good Obligations: Include if specific reinstatement works are required beyond normal wear and tear
1. Schedule A - Condition Report: Current condition report and expected condition upon vacancy
2. Schedule B - Outstanding Obligations: List of any outstanding rental payments, utilities, or other financial obligations
3. Schedule C - Make Good Requirements: Detailed list of specific repairs or modifications required before vacating
4. Appendix 1 - Photographic Evidence: Current photographs of the premises if relevant to vacation requirements
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