LEASING

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Whether you are a landlord or a tenant, entering into a commercial or retail lease is a major legal and financial commitment. Clear, well-drafted lease agreements are critical to protecting your rights and setting expectations for the leasing relationship.

We assist with:

• Drafting and reviewing commercial and retail leases
   
• Negotiating lease terms, including rent, incentives, outgoings, and options
   
• Advising on lease renewals, variations, and assignments
   
• Retail lease compliance under the Retail Leases Act 1994 (NSW)
   
• Lease disputes and early termination advice
   
• Negotiating make-good obligations and end-of-lease responsibilities
    

• Commercial Leases: Cover premises used for business activities such as offices, warehouses, and industrial facilities. They are primarily governed by the lease terms and common law.
   
• Retail Leases: Apply when premises are used for selling goods or services directly to the public. Retail leases are regulated by the Retail Leases Act 1994 (NSW), which provides important protections for tenants, including minimum disclosure requirements and restrictions on outgoings.
   

Whether you are a landlord or tenant, the typical leasing process includes:

1. Heads of Agreement

Initial commercial terms are agreed upon, such as rent, lease term, rent reviews, and incentives.

2. Drafting or Reviewing the Lease

We ensure the lease reflects the agreed terms and meets legal requirements. Retail leases must comply with the Retail Leases Act, including providing a Lessor’s Disclosure Statement.

3. Negotiations

We negotiate terms to minimise risks and clarify obligations, including responsibilities for repairs, insurance, and outgoings.

4. Signing and Registration

Leases exceeding three years must be registered with NSW Land Registry Services. We handle all documentation to ensure valid registration.

5. Occupation and Ongoing Obligations

We advise clients on compliance during the lease term, including rent adjustments, maintenance obligations, and procedures for assignment or subletting if needed.

• Outgoings: What expenses (e.g., council rates, water rates, insurance) are payable by the tenant?
   
• Rent Reviews: How and when will rent increase (e.g., CPI, fixed percentage)?
   
• Make Good Obligations: What are the tenant’s responsibilities at the end of the lease?
   
• Renewal Options: How are options to renew exercised, and what notice must be given?
   
• Early Termination: Under what circumstances can the lease be terminated early, and what costs or penalties apply?
   
• Retail Lease Protections: Including minimum five-year terms (unless properly waived), limits on charging certain costs, and dispute resolution rights.
   

• Not understanding total occupancy costs (rent + outgoings)
   
• Failing to obtain legal advice before signing
   
• Unclear make-good or repair obligations
   
• Missing key deadlines for exercising options or terminating leases
   
• Failing to register long-term leases
   

We help you avoid these mistakes and negotiate lease terms that suit your needs.

• Experienced in all types of commercial and retail leasing matters
   
• Practical, commercial advice tailored to your situation
   
• Prompt turnaround on documents and negotiations
   
• Strong support during lease negotiations, renewals, or disputes