Commercial and Retail Leasing Lawyers
Commercial leasing lawyers are your pivotal first stop when thinking about leasing a retail or commercial property.
Retail leases, commercial leases, and any other type of lease document should be thoroughly vetted to ensure there are no ambiguous clauses, oppressive clauses or catch clauses within. We focus on tailoring the right lease to you, because your business, your property and your circumstances are unique.
We make sure you understand your individual rights and responsibilities as a landlord or tenant according to regulations, helping you avoid leasing issues further down the line. So you can enter into or renew your lease, knowing your property and your business interests are secure.
PB Lawyers Australia commercial and retail leasing expertise includes:
- Drafting and tailoring leases, including head leases and subleases
- Preparing site specific leases for shopping centres, commercial offices and industrial sites
- Varying leases/lease renewal options
- Preparing incentive deeds
- Termination of leases
- Arranging for appropriate Bank Guarantees
What is a Commercial Lease?
A commercial lease is for commercial property, such as industrial estates and office buildings. A commercial lease will outline the terms of the agreement between landlord and business owner who is renting the space.
It will cover things like rental period, fit-out, repairs and maintenance, rental obligations, insurances and renewal options. It will also include what happens in the event of a lease breach.
Commercial tenants, such as those using the premises for office space, might have particular needs about floor space being in sequence or shared. Or small suites capable of sub-letting.
A commercial tenant might require special security arrangements because of their business needs, such as banking, consular premises, diplomatic premises, high security data centres, or even medical practices.
A tenant’s specific use of the premises may also require special lease terms to be included. Some tenant’s industrial uses, for example, might be:
- Hardware with flammable materials
- Manufacturing of food products requiring specific health food preparation areas
- A hardware store chain
- A recycling facility, or has contaminated materials.
There are a range of considerations including Government regulations to consider for each specific usage.
What is a Retail Lease?
A retail lease for retail stores selling goods is governed by its own legislation. In NSW this is the Retail Leases Act 1994. The Act has very set definitions of what is classed as a ‘retail shop’. But it generally covers retail businesses operating in a shopping centre, or a high street for example.
Landlords and tenants have different rights, responsibilities and protection under a retail lease, than what is provided through a commercial lease.
Some tenants, such as liquor stores or bottle shops, require particular terms in their leases to secure their liquor licences or off-premises licence. This may also apply to restaurants and cafes with on-premises licence, and the need to secure their liquor licence.
Assignment of a retail lease under the Retail Leases Act can be complicated, and if the Retail Leases legislation is not followed precisely, this may have disastrous consequences for tenants and landlords.
Lease Disputes
Lease disputes do unfortunately happen. Common causes include:
- Rent increases/disputes
- Lease renewal issues
- Lease breaches by tenant or landlord
- Work undertaken by a landlord that disrupts your business and right to any compensation
- Failure to pay agreed rent/tenant default
- ‘Make good’ issues when a tenant vacates a premises
If you have a leasing issue, contact our team for help or complete the contact form and we will be in touch promptly.
We will advise you of your legal position and rights. And will help you resolve the issue with the most practical and cost-effective way forward.
What to Expect when working with PB Lawyers Australia
Here are some reasons why people choose us:
- Punctual and Precise: From your first consultation until a successful solution, we will work hard to resolve your matter fast and with precision. We answer all enquiries quickly as we understand how stressful legal pressures can be. And more often than not, time is crucial, so we act promptly. Having the right lawyer in your corner is the most important aspect when dealing with legal matters, so as we are fast, we are also as experienced and thorough.
- Understanding and Perceptive: We understand that being involved in any legal matters can be stressful. So, we take the time to learn your situation and get a good grasp on all the relevant factors and use that information to work for you in the best way possible. We’re here to guide you every step of the way, we will listen to you, offer advice, answer any questions you have and ensure that you have all of the information you need to make an informed decision every time.
- Affordable and Reasonable: There is no surprise in saying that legal fees can be expensive, however, engaging a lawyer may be less expensive than you realise. Doing so will most definitely reduce the amount of stress and the amount of time in dealing with your legal matters. We offer flexible billing arrangements for our services, including event billing, time interval billing and fixed rate fees. We’ll also be transparent with you about the costs surrounding resolving your matter and provide you with a quote once we’ve had a consultation with you and understand your situation.
- Experienced and Knowledgeable: Each member of our trusted team has years of experience in the areas of law they each practice, coming from different cultural and societal backgrounds. This allows us to understand your situation more easily and work together to find the best outcomes for your situation. Like we said before, no two situations are the same, but our vast range of experience means that we can certainly help you.
Our Commercial & Retail Leasing Solutions include:
Assisting You Gather Relevant Documentation
Drafting Required Documents
Giving You Advice on the Best Method to Proceed
Providing a Free First Consultation
Negotiating Lease Terms
Assist Payment of Relevant Liabilities
Arrange Ingoing Report
Lodge Documents for Registration
Prepare and Finalise Documents for Signing
Client Testimonials and Reviews
Frequently Asked Questions
Can the terms of a lease be changed?
Yes, during lease negotiations. Leases are a contract, and as with any contract can be negotiated and amended before signing.
You should always get a commercial/retail leasing lawyer to review a lease or Agreement to Lease to check that it works for you well in advance.
What leasing services do you offer commercial/retail landlords?
We can help with:
Preparing and negotiating a lease Heads of Agreement
Drafting leases
Lease reviews
Agreements to Lease
Lease assignments/transfers
Disclosure statements for retail leases
Warranties and insurances obligations
Compliance with the latest legislation
Lease negotiation
Expert legal advice and support in case of leasing issues
What leasing services do you offer commercial/retail tenants?
We provide expert help with:
Reviewing your lease to check it meets the unique requirements of your business, now and in the future (permitted use)
Reviewing terms of your lease including renewal options, rent reviews and what happens if you sell or wish to change the nature of your business
Lease negotiation
Taking over a business lease
Helping you understand the clauses and implications of your lease
Terminating a lease
Legal advice and support in case of any leasing issues
Can you transfer or sublet a commercial lease to another party?
Retail and commercial leases may permit a tenant to assign the lease or sublet the whole, or part, of the premises to another tenant.
This can be exercised in cases where a business decides to sell or can no longer operate the business. In most cases, the assignment will be subject to a landlord’s consent and may also be subject to other legislative requirements.
What can be done if a tenant defaults in payment?
A landlord is empowered to ‘lockout’ and evict a tenant is rent has not been paid for the requisite term. A written notice must be given of non-payment before taking this action. Landlords are required to comply with both the lease terms and state legislation in carrying out lockouts and evictions.
What is a redevelopment clause?
A redevelopment clause empowers landlords to terminate a lease in order to carry out prescribed types of major building works. It is important to ensure that the lease provides fair treatment and compensation for tenants in these circumstances. Further, leases may include both redevelopment and demolition clauses.
