Commercial Leases

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Commercial Leases

Commercial leases facilitate the relationship between a lessor, also referred to as a landlord, and the lessee, also referred to as a tenant. These agreements can be highly complex and deal with a wide range of issues. Engaging a lawyer as early in the process as possible will ensure that you receive advice on important clauses and issues which could have a significant impact on you or your business.

Aditum Lawyers can assist you with your commercial lease whether you are a lessor or a lessee and will ensure that your interests are protected. Our Sydney Business Lawyers can assist with negotiating, drafting, reviewing and providing advice for commercial leases. We are also able to assist with disputes and other general leasing issues.

Types of commercial leases

Aditum Lawyers can help with all types of leasing agreements such as:

  • Commercial and industrial leases, which can vary considerably and give a wide scope of autonomy to the parties with regards to drafting. These agreements should be carefully reviewed and considered against your interests to ensure that every detail is aligned with your needs.
  • Retail leases, are regulated by state based legislation and only apply to premises with a lettable area of 1000 square metres or less that are leased to entities operating a retail business. Retail leases carry additional obligations for lessors and provide a wider scope of protections for lessees. You should obtain legal advice to determine whether you fall under a retail lease.
  • Licenses, afford flexibility for temporary, or short-term tenants, however, this flexibility usually carries higher prices and obligations for the tenant.
Our Sydney business lawyers can also assist you with general advice regarding commercial and retail leases. This includes assignments, variations, registration, enforcement of lease terms, disputes and subleases. 

Useful links:

Retail Leases Act 1994 (NSW)

How can Aditum Lawyers help you?

Aditum Lawyers are dedicated to helping you in the way you need it. We don’t just take the time to understand you legal matter, but your entire business model and how best to work with you. Contact us today to discuss your commercial leasing needs on (02) 8593 8326 or submit an online enquiry to get started.

Commercial Leases FAQs

Lease terms are certainly negotiable, however, the other party’s willingness to negotiate will depend on your respective bargaining positions. Local market forces and the unique circumstances of each party will usually determine whether any flexibility can be found in a particular clause. 

Yes, a lease can be amended by the parties through the execution of a deed of variation.

Leases will expire at the end of their term unless otherwise agreed by the parties. Options to renew can be offered as part of the lease agreement, as well as clauses stating the lease shall continue on a month by month basis unless terminated by the parties. 

Commercial leases can cover a wide variety of subject matter and it can be difficult to fully understand the implications this will have on you or your business. You should seek legal advice to ensure your interests are properly protected. 

Some things to look out for in commercial leases include:

– Options to renew;

– Payment of outgoings;

– Rental increases;

– Permitted uses;

– Demolition clauses;

– Maintenance liability;

– Make good requirements;

– Insurance obligations;

– Personal or director guarantees;

– Penalties and Termination provisions; and

– Incentives.