A Lease Default Notice is a critical legal instrument used in New Zealand when a tenant has failed to comply with their lease obligations. This document is essential for properly documenting and addressing breaches of lease terms, whether in commercial or residential contexts. The notice must be drafted in accordance with New Zealand legislation, particularly the Property Law Act 2007 or the Residential Tenancies Act 1986, depending on the type of lease. It serves multiple purposes: formally notifying the tenant of their breach, specifying required remedial actions, setting clear timeframes for compliance, and establishing a legal record if further enforcement action becomes necessary. The document must be carefully prepared to ensure it meets all statutory requirements and effectively protects the landlord's interests while providing fair notice to the tenant.
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1. Recipient Details: Full legal name and address of the tenant/lessee in default
2. Property Details: Complete address and description of the leased premises
3. Lease Reference: Details of the lease agreement including date of execution and parties
4. Default Description: Clear and specific description of the breach or default under the lease
5. Legal Basis: Reference to relevant lease clauses and legislative provisions being relied upon
6. Required Actions: Specific actions required to remedy the default
7. Timeframe: Clear statement of the period within which the default must be remedied
8. Consequences: Statement of consequences if the default is not remedied within the specified timeframe
1. Previous Notifications: Reference to any previous communications regarding the default - include if there have been prior warnings or notices
2. Payment Details: Banking or payment information - include if the default relates to unpaid rent or other monetary obligations
3. Dispute Resolution: Information about dispute resolution options - include if required by the specific lease agreement or if dealing with residential tenancies
4. Supporting Evidence: Reference to attached evidence of default - include if there is specific documentary evidence of the breach
1. Schedule 1 - Payment Arrears: Detailed breakdown of outstanding payments and dates - attach if default involves monetary breaches
2. Schedule 2 - Photographic Evidence: Photos documenting property damage or unauthorized modifications - attach if default involves physical breaches
3. Schedule 3 - Correspondence History: Chronological list of relevant prior communications - attach if there is a history of notifications
4. Appendix A - Copy of Lease: Copy of relevant sections of the lease agreement being breached
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