Commercial lease expiry coming up?
31 May 2025

Know Your Rights and Obligations at Renewal Time

If your commercial lease is approaching its expiry date, now is the time to get clear on your rights, obligations, and options. Whether you’re a landlord or a tenant, understanding the renewal process is key to protecting your business interests and avoiding unexpected issues.


What Happens When a Commercial Lease Expires?


Most commercial leases include a right of renewal, giving the tenant the option to continue the lease for a further term. However, this right is not automatic—it must be properly exercised within the timeframes set out in the lease, often 3 to 6 months before expiry.



Failure to renew the lease means that the current term of the lease ends. When the lease ends, most leases provide for month-to-month tenancy to continue. This means that the tenant or the landlord could end the tenancy by giving twenty working days’ notice, leaving the tenant without premises or the landlord needing to find a new tenant at short notice.


Things to Consider at Renewal:


  • Exercise of Renewal Rights
    Tenants must provide written notice of their intention to renew within the required notice period. Landlords should confirm whether this has been done correctly and on time.
  • Market Rent Reviews
    Most commercial leases provide for a market rent review at the start of a renewed term. This can lead to negotiation—and sometimes dispute—around current market rates. It’s often worth obtaining independent valuation advice.
  • Condition of the Premises
    At the point of renewal, landlords may check that the tenant has complied with their obligations under the lease and maintained the premises. It is wise to review the lease and be aware of each party's maintenance and make good obligations.
  • Compliance with Lease Terms
    Landlords generally cannot refuse to renew a lease provided the tenant has complied with their obligations under the lease. However, landlords may have grounds to object if, for example, rent has not been paid on time, or the premises have not been properly maintained.


Plan Ahead to Avoid Surprises


The lead-up to lease expiry is the perfect time to reassess whether the existing terms still suit your commercial needs. Whether it's negotiating more favourable conditions, securing stability for the future, or ensuring compliance with legal obligations, early legal advice can make a significant difference.


Talk to us if your commercial lease is due to expire in the next 6–12 months. We can help you navigate the renewal process and ensure your interests are protected.

Join our Newsletter

Stay tuned

Contact Us

20 September 2026
He taonga to mokopuna, kia whāngaia, kia tipu, kia rea - a child is a treasure, to be nurtured, to grow, to flourish. A common thing we hear from clients is "I want custody of my children." While most people understand what "custody" means, the reality is that custody is no longer a legal term used in New Zealand family law. In fact, the term was removed from our legislation more than 20 years ago. So, what changed? The Care of Children Act 2004 replaced the old concepts of "custody" and "access" with language that focuses more directly on children's needs and parental responsibilities. Instead of talking about custody, the Family Court now talks about: Day-to-day care (who the child lives with and who looks after them on a daily basis); and Contact (the time a child spends with a parent or other important person when they are not in that person's care). The change was intentional. The law moved away from language that can sound like a child is something to be "owned" or "won" by one parent. What does "day-to-day care" mean? Day-to-day care refers to the practical care of a child, including: Where the child lives; Their daily routine; School attendance; Meals, bedtime, and general supervision; and The everyday decisions involved in raising them. A parent can have: Sole day-to-day care; or Shared day-to-day care arrangements. There is no legal presumption that one parent should have day-to-day care over the other. The Court's focus is always on what is in the child's welfare and best interests. What about "contact"? What many people previously called "access" is now referred to as contact . Contact can take many forms, including: Weekend visits; School holiday time; Telephone calls; Video calls; Supervised contact; or Other arrangements that allow a child to maintain a relationship with an important person. The Court recognises that children generally benefit from having ongoing relationships with both parents, provided doing so is safe and in their best interests. Does this mean I can't say "custody"? Not at all. Many people still use terms like "custody," "shared custody," and "access" in everyday conversation, and most lawyers will understand exactly what you mean. However, if you're involved in Family Court proceedings, you'll hear terms such as: Day-to-day care Contact Guardianship Parenting orders These are the legal concepts that will appear in Court documents and orders. Why does the language matter? The shift away from "custody" reflects a broader change in how New Zealand family law views parenting after separation. Rather than focusing on which parent "gets" the child, the law focuses on: The child's welfare and best interests; Maintaining important relationships; Encouraging parents to work together where possible; and Ensuring children are protected from harm. Ultimately, Family Court decisions are not about determining a "winner" and a "loser." They are about creating arrangements that best support the child's wellbeing. As family lawyers , we offer advice, guidance and representation in family law matters, if you would like assistance or to talk to someone, contact us today. Written by: Eva Leutele
A designed graphic with a photo of Casey Hucker, and her name on a black background with red and white text
14 September 2026
Meet Casey Hucker, Property Law Partner at Willis Legal, dedicated to guiding clients through property law. Contact us for expert legal assistance today!
Close-up of a man's hands typing on a laptop
8 September 2026
The age of AI is rapidly changing many aspects of our lives, however, AI has perils for lay people using it to draft legal documents or obtain legal advice.
Show More