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05-06-2020, 09:45 AM
#4401
Originally Posted by fungus pudding
Of course they can arbitrate now. Other than assessing fair market rental, as in a normal valuation-arbitration, what do they arbitrate? Is it who should take the loss i.e. lessor or lessee?
Do they want to consult the lessee's creditors, or the mortgagor's bank?
What about an unencumbered lessor? Does he or she not need the rent?
And you are right about interfering in a legal contract. Very unwise.
The details of this will be fascinating, to say the least.
That's what arbitration is all about.
Are you suggesting that the Govt should force one way or the other?
As a commercial landlord I have come to mutually aggreable arrangements with my tenants - we are both happy.
Not all tenants are in the same situation as not all landlords are so the arrangement has to suit both.
One landlord may come up with different aggreements with different tenants as their situations will be different.
And the same applies to tenants, those with multiple sites may have different arrangements with LLs due the different LL circumstances.
So the change made to the PLA just forces them to abitrate - a reasonable compromise as far as I can see.
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05-06-2020, 12:00 PM
#4402
Originally Posted by dobby41
That's what arbitration is all about.
Are you suggesting that the Govt should force one way or the other?
As a commercial landlord I have come to mutually aggreable arrangements with my tenants - we are both happy.
Not all tenants are in the same situation as not all landlords are so the arrangement has to suit both.
One landlord may come up with different aggreements with different tenants as their situations will be different.
And the same applies to tenants, those with multiple sites may have different arrangements with LLs due the different LL circumstances.
So the change made to the PLA just forces them to abitrate - a reasonable compromise as far as I can see.
So why could Australia impose a code of conduct to facilitate discussions & negotiations to smooth the path for businesses to reach fair outcomes, while it took NZ government 10 weeks to come up with the same thing?
Blaming NZF is a cop out. Do we have a government dealing with a crisis or a government politicising the crisis for electoral gains?
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05-06-2020, 12:28 PM
#4403
Originally Posted by Balance
So why could Australia impose a code of conduct to facilitate discussions & negotiations to smooth the path for businesses to reach fair outcomes, while it took NZ government 10 weeks to come up with the same thing?
Blaming NZF is a cop out. Do we have a government dealing with a crisis or a government politicising the crisis for electoral gains?
I agree, it took too long.
Fortunately most business negotiate and agreed themselves - as it should be.
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05-06-2020, 03:23 PM
#4404
Good to see 40,000 extra stressed businesses able to access the extended wage subsidy
Keeps many more off the dole and you never know some may still even have a job at the end of it
https://www.stuff.co.nz/national/hea...subsidy-scheme
Last edited by winner69; 05-06-2020 at 03:25 PM.
“ At the top of every bubble, everyone is convinced it's not yet a bubble.”
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05-06-2020, 03:31 PM
#4405
Originally Posted by dobby41
That's what arbitration is all about.
Are you suggesting that the Govt should force one way or the other?
As a commercial landlord I have come to mutually aggreable arrangements with my tenants - we are both happy.
Not all tenants are in the same situation as not all landlords are so the arrangement has to suit both.
One landlord may come up with different aggreements with different tenants as their situations will be different.
And the same applies to tenants, those with multiple sites may have different arrangements with LLs due the different LL circumstances.
So the change made to the PLA just forces them to abitrate - a reasonable compromise as far as I can see.
Same here. I have made sure my commercial tenants are happy. The thing that makes me wonder is what is the arbitration seeking to determine other than the fair rental, which in nearly all cases will have been fair already through valuation, agreement or arbitration?
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05-06-2020, 03:46 PM
#4406
Originally Posted by fungus pudding
Same here. I have made sure my commercial tenants are happy. The thing that makes me wonder is what is the arbitration seeking to determine other than the fair rental, which in nearly all cases will have been fair already through valuation, agreement or arbitration?
Fair rental is all it is supposed to do - or 'reasonable' as termed in the latest ADLS Leases.
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05-06-2020, 05:56 PM
#4407
Originally Posted by dobby41
Fair rental is all it is supposed to do - or 'reasonable' as termed in the latest ADLS Leases.
Back to my point. There would be very few rentals that are above market.
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05-06-2020, 06:12 PM
#4408
Member
Originally Posted by winner69
But for those that might be able to access those initiatives the regular changes to the rules is frustrating. By my understanding everytime they have announced packages like this they have then announced significant changes to them. Its great that we get there eventually but if the average NZ business was run on hoof like this it would already have failed!
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06-06-2020, 01:04 PM
#4409
Strategy of breeding beneficiaries to expand Labour's vote base is working a charm :
https://www.nzherald.co.nz/business/...ectid=12337618
Paywall article
"Locked in our "South Sea bubble" — pun intended — Jacinda Ardern proclaims "New Zealand is the envy of the world".
Yet week after week, more Kiwi businesses are being driven to the wall and there is no sign yet of a well-executed strategy to drive the country forward (short, that is, of us ending up becoming a land of beneficiaries by the sea).
New Zealanders are in danger of becoming a nation of people who are collectively too scared of the shadow of the Covid-19 virus even to all come back into the office after Cabinet makes its belated decision that it is time to move to alert level 1."
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06-06-2020, 06:23 PM
#4410
Originally Posted by fungus pudding
Same here. I have made sure my commercial tenants are happy. The thing that makes me wonder is what is the arbitration seeking to determine other than the fair rental, which in nearly all cases will have been fair already through valuation, agreement or arbitration?
What increasingly concerns me, is why are landlords being singled out? My tenants, whom we have provided a significant reduction in lease, inform me that none of their other suppliers will provide longer payment terms, reduction in service costs, etc. In fact many suppliers have increased their costs. It's only landlords that are the primary target for generous discounts.
Last edited by Zaphod; 06-06-2020 at 06:29 PM.
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