We have an issue with our landlord. Auckland, new zealand. Nomne none, however we have spoken about our concerns,

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Customer: we have an issue with our landlord
JA: What state are you in? It matters because laws vary by location.
Customer: auckland, new zealand
JA: What steps have you taken so far?
Customer: nomne none, however we have spoken about our concerns, nothing gets done
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: we had a cashflow issue last year due to covid and they gave us a 50% reduction for three months on our rent. However our first full month back in July we were not able to pay the rent in advance. We advised them by having a face to face meeting, and we paid one week in advance. They then sent after we made the payment, a lawyers letter and invoice for $3,300 more or less. This was on top of the 11k rent we were unable to pay in advance. We have never before defaulted on our rent.

Answered by Chris The Lawyer in 24 mins 1 year ago

Chris The Lawyer

10+ years of experience

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Expert in: Family Law, Legal, Estate Law, Real Estate Law, Criminal Law, Employment Law, Business Law, Consumer Protection Law, Bankruptcy Law, Traffic Law, Personal Injury Law.

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Chris The Lawyer

41372 Satisfied customers

10+ years of experience

Chris The Lawyer

10+ years of experience

41372 Satisfied customers

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Chris The Lawyer, Expert

HiI am a New Zealand lawyer based in Wellington and will help you with your question today. Please give me a minute to read the question

Chris The Lawyer, Expert

Has the landlord explained how this additional payment is based on?

Customer

Solicitors fees in recouping the rent

Chris The Lawyer, Expert

That seems excessive. You need to ask how that is justified when you are only a week late and ask for the lawyers fee invoice to check what they have done

Customer

We were not a week late we did not pay a month in advance we could only afford one week in advance so in hindsight we were a week in advance. Their lawyer used the lease and sectioned the part that says we are to pay a month in advance.

Customer

We are trying to find this and send for your perusal.

Customer

We have also had endless problems with leaks to our building, and we cannot properly use our upstairs office. There have been numerous problems with this landlord. We have refused to pay body Corp as we are not getting the services we have been told is part of the agreement. Recently we have been docked with compliance costs to the building as well. We would like compensation for the area we cannot use as our rent has never reflected this and we have complained dozens of times. How do we stand legally.

Customer

We are not ready for the phone call, can we please continue the chat?

Customer

Are you still there?

Customer

I have asked a few questions and yet to receive an answer.

Customer

I am not sure what is going on but it has been almost an hour since I have got a response. Is this normal? Am I still to hold on or has my conversation been terminated. I certainly did not get my questions answered.

Chris The Lawyer, Expert

I am sorry I have been at a meeting

Chris The Lawyer, Expert

The procedure under any commercial lease is that disputes like this must be dealt with by arbitration. There are places which offer expedited arbitration services such as Fairway Resolution and Dispute Resolution Centre. You can make claims for all the issues you refer to in that arbitration and seek damages for the disruption and challenge the costs. Do you still want a phone call?

Chris The Lawyer, Expert

Do you still need to have the phone call?

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