Agreement to Lease or Deed of Lease

[Davo36]

d2ba, you don't need a new one if it's just a renewal. Just do it by letter.

It just covers the fact that it's going to be renewed for another year, state rental figure etc.

[d2ba]

Thanks Davo are you sure its just a it's just a renewal. Just do it by letter.? in my case its just a 1 x 1 x 1 x 1 into its second year
What about insurance and income protection --without a full deed of lease or current agreement to lease --insurance company may not accept a formal letter that you have leased for another 12 months?
if your building has a disaster !!!!!

Quote....A typical leasing scenario is as follows:
The landlord has an empty space and instructs an agent to find a tenant. The tenant sees the agent'sadvertising, inspects the premises and negotiates on what appears to be the most important aspect ‐ theannual rental. This is agreed between the landlord and tenant, at which stage, the agent produces a twopage agreement to which both parties give a cursory glance and then sign.
The first stage at which problems appear is when the landlord decides that the arrangement needs to beformally documented and instructs its lawyer to prepare a formal deed of lease. The result is a 20 plus pagedocument, delivered to the tenant for signing. At this stage, a tenant usually decides that they do notunderstand most of the document and had better seek legal advice.
The tenant's lawyer then points out a few innocent looking sentences in the signed agreement which statethat the parties agree to enter into a deed of lease in the Auckland District Law Society (ADLS) 4 th editionform, or on the landlord's standard form. A tenant, when signing the agreement, will not usually know whatterms are included in an ADLS or landlord standard form.
The result is that, by signing an agreement containing the above sentence, the tenant is bound to accept 40plus clauses in the deed of lease. This includes extensive maintenance and repair obligations that thetenant either did not think about or assumed was the landlord's responsibility. Under the ADLS 4 th editionform, the tenant is obliged to repaint and redecorate when reasonably necessary, regardless of the state ofthe premises at commencement of the lease or of fair wear and tear. In addition there are variousoutgoings which the tenant has to pay for.
The tenant is also obliged to pay the landlord's solicitor's costs of preparing the deed of lease. These canrange from $450 upwards to $1,500, plus GST, depending on the complexity of the lease.

[Ivan McIntosh]

Davo made a good point...it certainly does sound like you have a renewal, not a need for a new lease. However the renewal clauses are generally in the deed of lease, not the agreement. It does leave the situation a little ambiguous if you renew under the Agreement without executing the Deed. I'll refrain from going into complex questions of part peformance and implied terms.

While it's not much money and it's a short term, if you want to be safe you should really document it, and chances are your agreement provides for the tenant to pay anyway.