Bridging Past and Present: The Role of Landlord Estoppel Agreements in Modern Property Management
It is no coincidence that Waitaha Books, an indigenous publishing business produces a number of quality publications on the ‘Theme of Cultural Respect’, the ‘Theme of Historical Continuity’ and the ‘Theme of Story-telling’. The Waitaha ideology has its origins in the South Island of New Zealand and is not only a heritage for the Waitaha people, but a worldview that every indigenous person’s heritage can be traced back to. Further, it outlines how agreements of peace and respect for tribal boundaries were critical as “Permanent Encampments” were located along the north shore of Lake Wakatipu and in the region surrounding the headwaters of the Mataura, the Waimea and the Te Anau (the small Tasman Sea) and Waitaki Rivers. These agreements meant that there could be no conflict with neighbouring tribes and that there was free movement between the encampments for trade across tribal boundaries. Long story short, these encampments are some of the earliest evidence of a thriving civilization on the South Island and east coast of the North Island of New Zealand.
It is no surprise in our ever-changing world that agreements are an important fact of life. For us to understand why we have agreements, we can look to the past and see how our differences with other cultures have historically led to disputes, wars and bloodshed. However, as we evolve and learn from the past, we do not need to enter business dealings leading with mistrust. In fact, in many ways agreements, such as the Waitaha made with their neighbours in the past are very similar to modern landlord and tenant agreements. Today’s agreements contain ‘signatures’ instead of crosses and declare that there shall be no disputes arising. In fact, contemporary documents may even hold up in a court of law and the law will uphold them.
A landlord estoppel agreement is an actual or constructive document that is designed to protect businesses and individuals who are leasing real estate by ensuring that all commercial aspects remain intact even if the lease is sold to new owners. This is a valuable tool for individuals as it can provide security for the duration of a lease. They can be provided with a clear understanding of their obligations may include the payment of rent, existing rental rate and of course the intention of removing their business or asset from the property described in the document. A landlord estoppel agreement is an easy way to understand the responsibilities and expectations of the parties which are essential to any tenancy. For a tenant, it enables them to have a clear understanding of what is expected of them. From a landlord’s perspective, they can be assured that their business is protected.
In which way does this important document serve individuals and groups that both parties have endured through an established agreement? It means individuals can remember their past and use their newfound insights for contemporary dealings. Landlord estoppel agreements are an important part of any business negotiation, one in which both parties must come to the table to share their perspective, acknowledge their truths and, like the Waitaha, agree in writing to make way for a mutually beneficial outcome. Generally, as mentioned above, these agreements serve to ‘enshrine’ the agreed expectations and obligations for all parties involved. However, in order to create a binding and solid document, understanding the details of the in and outs of landlord estoppel agreements is of paramount importance.
That is why Victor Crafter investigates the realities of this document, such as who creates it, manages the process and how to use it. Now that we understand the importance of landlord estoppel agreements, as well as their history, we can look at how these agreements serve to uphold the values of both the Waitaha and their members. To quote Waitaha Books, “The teaching that Sounds and Lakes are Peace-Makers is still relevant in our world that cannot seem to learn to overcome its prejudices.” Keeping cultural respect at the forefront of our negotiations means we can move toward enshrining peace in the world through carefully negotiated agreements.
In conclusion, looking back at our past and taking the time to understand our present can be a significant tool for fostering peace in the future. We can see that the values of the Waitaha ideology – assessing the past and using insights for the future – should be part of our real estate practice when creating a landlord estoppel agreement. If we honour the stories of our past, and consider the realities of our present, we can move forward with integrity in our business.
