Leasing - Commercial & Retail

Leasing - Commercial & Retail

Most businesses operate from leased premises so it’s vital your lease is properly prepared.

If you are about to lease premises or renew your current lease, it’s important you seek legal advice before signing. Having inspected the premises, the letting agent acting for the landlord will hand you a letter of offer or Heads of Agreement for you to sign.  

Contact us before you commit!

Tenants avoid putting your business under threat. 
Landlords don’t put your security at risk.

Who we act for:

  • tenants
  • landlords
  • business owners
  • shopping centres
  • developers
  • private investors
  • commercial real estate agents and
  • property consultants managing complex property portfolios

We advise on all facets of commercial and retail leasing:

  • commercial leases
  • retail leases
  • leases and lease negotiations
  • agreements to lease and preliminary documentation
  • assignments of lease
  • sub-leases
  • surrenders of lease
  • renewal and variations of lease
  • leasing of commercial premises from factories & small premises to office blocks & mixed use strata buildings
  • retail leases for single sites to major centres
  • licences including storage, car parking and seating licenses
  • leases/licences relating to local government

As well as expert guidance:

  • advising on Victorian retail tenancies legislation
  • advising and assisting clients with retail leases including Office of Small Business Commissioner mediations
  • advice & assistance in retail tenancies
  • advising on SMSF and trusts

Our experience and expertise in tenancy law means that we know what to look for to avoid the pitfalls.

Some of the pitfalls that tenants and landlords can face if the lease isn’t expertly prepared:

  1. A tenant who does not understand how to strictly comply with an ‘exercise of an option’ and loses their right under the option.
  2. A landlord under a Retail Leases Act lease who doesn’t appreciate the disclosure obligations and unwittingly gives the tenant the right to terminate the lease.
  3. A lease providing a strict time frame for the tenant to object to a suggested rent rise; when unfortunately the tenant isn’t aware of this and fails to object on time thus resulting in the suggested rent becoming the new rent.
  4. A tenant, particularly one that does not have the protection of the Retail Leases Act 2003, may sign a lease which is weighted heavily in favour of a landlord.
  5. A tenant who fails to seek legal advice when entering into a lease may not have the security of tenure particularly if the landlord hasn’t granted a sufficiently long term and options for further terms.
  6. A tenant who does not request a landlord to provide its mortgagees consent to a lease may be evicted if the landlord defaults on its loan from the bank.

With Law Institute of Victoria Accredited Specialisation in commercial tenancy law, business law and commercial litigation as well as experienced property lawyers and conveyancers no matter what the issue, our lawyers have the expertise to tailor legal advice to your issue.  We also have associated offices in all states if required.

For property sales and purchases including residential, commercial and industrial as well as advice on retirement village contracts and leases please click here for further information.