• Retail and Commercial Leases

  • If you are seeking the services of a retail lease lawyer or commercial lease lawyer, ensure you make the right choice and gain advice and guidance from an expert. Harbourside Legal Commercial provides comprehensive support for landlords and tenants across the Sydney area, for all retail and commercial lease matters. Further, we offer fixed fee leasing services that can commence within 24-hours of engagement. So, whether you’re in the market to lease an office or a café, or even the owner of an industrial location, an expert retail or commercial lease lawyer can assist you.

    Sydney businesses of all sizes have enjoyed and benefited from the retail and commercial lease services offered by Harbourside. Our retail and commercial lease lawyers are experts in their field. Our process and services are superior in the marketplace, and our client onboarding process means your lease matter enquiry will receive a call-back is less than four hours (and always on the same day of enquiry).  A quick response rate adds value to your business, providing experience-backed advice and support to ensure you make the smartest, most profitable decisions for your company. We do this quickly and professionally and will support you at every step of the process.

    What is a Commercial Lease?

    To clarify, a commercial lease is a specifically tailored and legally binding contract between the business owner and the landlord. The terms of the lease are often negotiable with respect to rent, outgoings, the term of the lease, options to renew, fit-out periods and so on. Make sure you consider the lease terms and conditions, so they suit the unique requirements of your business.

    When the lease document is signed and the lease commences, there will not be an opportunity to amend the agreement. Accordingly, any mistakes at the negotiation stage (prior to signing the lease) could severely affect your business.

    Remember, there are subtle but important differences between commercial and retail leases, So, it is important to get the correct advice and guidance from a knowledgeable source. Harbourside Commercial Lease Lawyers are well-respected in their field and engaged by some of the largest companies in Sydney. From Hoteliers to Restaurateurs, Boutique to Household Brands. Harbourside Legal Commercial has assisted companies from across the entire commercial spectrum.  

    What is a Retail Lease?

    A retail lease is similar to a commercial lease but is governed separately under the Retail Leases Act 1994.

    The difference between a commercial and retail lease is often confusing. So, for a commercial lease think office space and for a retail lease, think café! Simplified maybe, but legislation isn’t always that clear, so the Retail Leases Act 1994 provides a schedule to help identify if the legislation is applicable to your business or premises. We aim to provide comprehensive support for both landlords and tenants across the Sydney area and to provide the guidance and representation needed to achieve goals and protect business interests.

    Our expert lease lawyers can assist you with drafting and negotiating a lease for landlords and reviewing, advising and negotiating leases on behalf of tenants.

    Key Considerations 

    Below are some basic items that you should consider. Most importantly, ensure that you research and negotiate before a lease is signed.

    • Check that the length of the lease suits you and your business.
    • Make sure you understand and agree to the base rent, annual increases and any outgoings that will be payable.
    • Ensure that you can obtain the required licenses and permits to run your business in that particular location.
    • Make sure that you can fit out the premises as per the requirements of your business.
    • Make sure the lease includes all of the areas you expect to use including bathrooms, parking areas and common areas.
    • Ensure that you have the right to place signage on or around the premises
    • Understand the key elements of the lease such as outgoings and potential additional costs, fees and charges; and
    • Be aware of any relocation or demolition clauses in the lease.

    Disputes – Using a Lease Lawyer

    Most lease disputes arise from the non-payment of rent or due to premises unsatisfactory for occupation. Other disputes arise over terms of the lease such as renewal, fit-outs or potential misrepresentation.  Disputes are costly and time-consuming. Our retail and commercial lease lawyers help both tenants and landlords reach a resolution quickly. If you have a dispute, seek legal advice! Ensure you call Harbourside Legal Commercial Lawyers and speak with an expert lease lawyer. Get the advice and guidance you will need, to ensure a successful resolution.

    Discuss your needs with us today

    Based in the Sydney Central Business District, our expert retail and commercial lease lawyers know that understanding your rights and responsibilities as a party to a lease can be difficult so, we pride ourselves on offering a comprehensive service and providing those crucial answers to your questions. In turn, this gives you the knowledge, clarity and certainty you need to achieve your goals and make sound commercial decisions.

    So, whether you’re negotiating the most favourable terms and conditions for your next lease or if you have questions and concerns about where to start, using an experienced retail and commercial lease lawyer will enable you to access the support needed, for any lease matter. In conclusion, don’t be in the dark again about the options available to you and your business. Start a conversation with an expert lease lawyer today to learn how we can help you make the next decision. After all, with definite certainty, you can take informed action.

    Contact Harbourside Legal Commercial today through our enquiry form or via email at admin@hslegal.com.au. You can also reach us at our office on 02 9955 6692 and speak directly to an expert lease lawyer.

    FAQs

    Now that you have the information, let’s see if you can answer some of the questions we often get asked…..

    Can I assign a commercial lease?

    Most Leases can be assigned however only if the Lessor consents to the assignment. Assignments can often become complex transactions where there are 3 or more parties with varying interests involved. It is advisable that all parties are legally represented as continuing obligations may leave parties exposed after the transaction.

    If I have a commercial lease dispute, will I need to go to court?

    Not necessarily. A dispute may be resolved via mediation but if it does go to court, both parties need to attend. The lease document itself will determine what is required, what process must be followed and who will be liable to pay the legal costs for the mediation.

    What legislation governs a Retail Lease?

    Retail Leases Act 1994

    Can I evict a tenant for not paying their rent?

    A tenant can be evicted for non-payment of rent and the process of how it should be done will be outlined within the lease document. Normally you would be required to prepare a notice in accordance with the applicable legislation and follow the correct procedure. You may otherwise be breaching the lease yourself. It is advisable to use the services of an experienced lease lawyer and in most circumstances, you can recover the legal costs associated with issuing the notices and any further action that may be required.

    Is there a minimum term for a lease?

    There are no restrictions for Commercial Leases and they can be for any length of time. If a Retail lease commenced before 2016 then it must be for a minimum of 5 years. After 2016 there is no minimum time.

    Can I get out of a lease that has already been signed?

    Usually not, however, an experienced commercial or retail lease lawyer may be able to renegotiate with the landlord or tenant. Alternatively, there may be other options that can be explored if there are issues with the property or the disclosures made when entering into the lease. It is best to have an experienced lawyer review the lease and any associated documents to determine if there are any breaches of the lease or other statutory regulations.

    Can I renegotiate the terms of a lease once it has commenced?

    No, once has lease has been signed it becomes a legally binding document on all parties, that is why you should seek advice from an experienced lease lawyer prior to signing any documents.

    What should u do if there is a dispute?

    First, find your lease documents and immediately forward them to your lease lawyer to ensure that you have complied with the requirements and you are not in breach of any provisions. Secondly, make sure that you don’t commit to any resolutions without first obtaining legal advice from your lease lawyer, as you may be agreeing to something that will cause further problems. Then, obtain legal advice about negotiation, mediation, and court action.

    Expert Lease Lawyers – Contact Us Today

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