Property Law & Leasing
Seeking advice about the legal framework governing property rights and related aspects helps to reduce risk and increase opportunities for individuals, business owners and entrepreneurs. We advise on a range of property matters and can help with commercial property transactions, retail and commercial leasing, property development, and disputes concerning property.
Leasing Services
Whether you are a landlord or a tenant, entering a commercial lease is a significant financial and legal commitment. Getting professional advice before you finalise your arrangements can help to ensure the terms are favourable and consistent with both parties’ business objectives and avoid nasty disputes down the track.
We can assist with:
- Drafting and reviewing retail and commercial leases
- Negotiating lease terms
- Subletting of premises and assignments of leases
- Commercial and retail leasing disputes between landlords and tenants
Retail and Commercial Leases
Commercial leases are regulated by both common law principles and retail and commercial leases legislation, which outlines the rights and obligations of both landlords and tenants.
Legislation across Australia provides special protections to businesses that sell goods or services directly to the public. Landlords of such retail premises must provide tenants with specific information before entering into the lease, including a detailed disclosure statement. The legislation also restricts the landlord’s ability to recover certain costs from the tenant.
Key Clauses
All commercial lease agreements should include some key information and clauses. This obviously includes the details of the parties involved, the premises’ description, the term of the lease, the rent to be paid, and the tenant’s maintenance responsibilities. However, there are a number of other clauses encountered in a commercial lease.
Rent Review
Most commercial or retail leases will include rent review clauses. Rent reviews are a critical aspect of commercial leases as they determine adjustments to the rental amount over time. The lease should specify which method will be used to determine rent increases. The increase may be fixed at a set amount or percentage, based on the Consumer Price Index (CPI), or tied to the commercial property market.
Termination
Commercial and retail leases will invariably include termination clauses. The termination of a commercial lease can occur at the end of the agreed term or due to a breach of the lease terms. Both landlords and tenants have rights and obligations in this process. Retail and commercial leases legislation sets out procedures for the termination of these kinds of leases and provides remedies for wrongful termination.
Assignment and Subletting
Commercial leases should also contemplate the assignment and subletting of the premises. Such clauses must be consistent with the terms of the relevant legislation, which requires landlords to permit assignment or sublets unless there are ‘reasonable grounds’ to refuse the request.
Leasing Disputes
If a dispute occurs between landlord and tenant, we can provide strategic advice, assist in negotiations with the goal of achieving a mutually beneficial resolution.
We understand the complexities of property law and are committed to providing the best possible service noting that each client’s needs, circumstances, and goals are unique.
If you need assistance, contact [email protected] or call 08 8166 7120.