Commercial Leasing

There are 3 main types of leases

Simple short term non-retail leases act leases.
Retail Leases Acty Leases.
Commercial leases that are not retail & which are registered because they are 3 years or more.

Acting for the Landlord

We often act for the landlord in determing if the property is within the scope of the Retail leases Act. We then prepare the mandatory disclosure statement and then the lease.

The lease is negotiated with the tenant's lawyer & then it is signed. The consent to the lease is normally obtained from the landlord's Bank/Mortgagee who then produces the title deed at the land titles office to enable the lease to be registered on the title.

Acting for the Tenant

In representing tenants we identify & negotiate terms in the wording of the lease so that you obtain a clear understanding of your rights and obligations under the lease.

The tenant might sell the business operating from the premises & in that case we prepare an assignment of the lease & a transfer of lease to reflect the change in tenant.

TERMS OF THE LEASE

The terms of the lease are drafted so as to cover present & anticipated issues in relation to:-

Council approvals;
Water Trade Waste;
Rental;
Options for renewal;
Outgoings;
Liability for repairs;
Guarantors.

When disputes arise?

Often disputes & issues can be resolved on a commercial basis. Sometimes mediation is used so as to try and resolve the dispute. When a matter canot be resolved it might then be litigated in the ADT, the Administrative Decisions Tribunal or the District Court of NSW. Depending upon the type of lease & the nature of the issues in dispute.

OUR FEES

Rather than have an opened ended obligation to pay our fees, our clients usually prefer us to provide a fixed price quote. Please refer to our fixed price fee page for lease fees.