Does the Tenant's intended use of the premises require a resource consent/health consents or similar? Who should meet the cost of works required to bring the premises up to compliance?

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Answer

If the lease agreement is not conditional upon the Tenant obtaining the required regulatory consents, they may be committed to leasing the building without being able to operate from the premises. The standard Auckland District Deed of Lease form places the onus on the Tenant on obtaining compliance and the Landlord does not warrant the premises are fit for any particular use. By way of example, warehousing racking over 3 square metres requires resource consent and a special fire rating without which the building's insurance may be compromised.

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