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Pre Lease Agreement Template for New Zealand

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Key Requirements PROMPT example:

Pre Lease Agreement

"I need a Pre-Lease Agreement for a retail space in Auckland CBD, where the tenant requires three months for fit-out works before commencing operations in March 2025, and we need to include special conditions about obtaining resource consent for signage."

Document background
The Pre-Lease Agreement serves as a crucial intermediate step in commercial and residential property leasing transactions in New Zealand. It is typically used when parties have reached agreement on key commercial terms but require time to satisfy certain conditions or complete due diligence before entering into a formal lease. This document outlines the essential terms agreed between the parties, including property details, commercial terms, and any conditions precedent that must be satisfied. While not the final lease itself, the Pre-Lease Agreement creates binding obligations on the parties to proceed with the lease subject to specified conditions, providing certainty and structure to the pre-lease negotiation phase. The document must comply with New Zealand property law requirements and commonly incorporates standard commercial practices recognized in the New Zealand property sector.
Suggested Sections

1. Parties: Identification of the proposed landlord and tenant, including full legal names, addresses, and company registration numbers if applicable

2. Background: Context of the agreement, including property identification and the parties' intention to enter into a formal lease agreement

3. Definitions: Key terms used throughout the agreement, including 'Premises', 'Commencement Date', 'Lease Term', etc.

4. Property Details: Specific description of the premises, including address, area, and any relevant title information

5. Commercial Terms: Key commercial terms including proposed rent, term, commencement date, and rent review mechanisms

6. Conditions Precedent: Conditions that must be satisfied before the formal lease is entered into, such as board approval, due diligence, or consent requirements

7. Timeframes: Key dates and deadlines for satisfaction of conditions, documentation, and lease commencement

8. Documentation: Agreement to enter into formal lease documentation and any specific requirements for the lease format

9. Good Faith: Obligations of parties to act in good faith in progressing the formal lease documentation

10. Costs: Allocation of costs related to the agreement and subsequent lease documentation

11. Execution: Formal signing section including date and party details

Optional Sections

1. Exclusivity Period: Used when the landlord agrees not to negotiate with other potential tenants for a specified period

2. Due Diligence: Included when the tenant requires a period to investigate the property's suitability

3. Fit-out Works: Required when premises need modification before occupation, including approval processes and responsibilities

4. Guarantees: Include when personal or corporate guarantees are required

5. Resource Consent: Necessary when the proposed use requires specific planning or consent approvals

6. Early Access: Used when tenant requires access before lease commencement for fit-out or other purposes

7. Break Rights: Include if either party requires early termination rights in the formal lease

Suggested Schedules

1. Property Plan: Floor plan or site plan showing the premises

2. Commercial Terms Schedule: Detailed breakdown of all commercial terms including rent, outgoings, and review mechanisms

3. Fit-out Specifications: Details of any agreed tenant or landlord works to be completed

4. Due Diligence Requirements: List of documents and information to be provided during due diligence

5. Special Conditions: Any unique requirements or agreements specific to this transaction

6. Required Consents: List of necessary consents and approvals required before lease execution

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions




































Clauses






























Relevant Industries

Real Estate

Retail

Commercial Property

Industrial

Healthcare

Professional Services

Hospitality

Education

Technology

Manufacturing

Warehouse and Distribution

Relevant Teams

Legal

Real Estate

Property Management

Operations

Finance

Facilities

Business Development

Asset Management

Risk and Compliance

Commercial

Relevant Roles

Property Manager

Real Estate Agent

Commercial Lawyer

Legal Counsel

Facilities Manager

Business Development Manager

Operations Manager

Chief Financial Officer

Property Developer

Leasing Executive

Asset Manager

Commercial Director

Tenant Representative

Property Portfolio Manager

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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