Retail & Commercial Leasing

 

With our expertise in project leasing, we provide the full complement of services to both tenants and landlords, with a focus on the small details.

Retail and commercial leasing services

• Do I need a lawyer? Aren't leases just a standard document?

  We hear this all the time.  Many business owners have the perception that leases are a standard commercial agreement that doesn't vary greatly from lease to lease.  This can be a fatal error, as seemingly small omissions in what otherwise appears to the untrained eye to be a standard lease can have long term consequences that can cripple businesses and result in great stress for business owners.  For example, did you know that:

  • repair and maintenance obligations in relation to the servicing and repair of air conditioning and roof repairs may place the obligation on tenant or landlord, or omit obligations altogether.
  • risk and indemnity clauses can exclude the liability of the landlord, even in cases of negligence.

  This is quite apart from the many costs that can be hidden in lease documentation.

  In fact, most of the state governments consider it so important that they have enacted legislation requiring tenants to obtain legal advice on leases of retail shops before signing anything.  

  For many small to medium businesses the lease is:

  • their longest binding commitment; and
  • their largest single expense.

• Services for commercial or retail tenants

  We provide a thorough review of your draft lease and written report of our advice, negotiation of any unreasonable or unfair terms

  • Reviewing draft leases;
  • Assistance with complying with your Retail Shop Lease disclosure obligations, Lessee/Assignee Disclosure Statements and Legal Advice Reports
  • Disputes with your landlord regarding compliance with the lease;
  • Lease surrenders;
  • Assignment of an existing lease;
  • Variation of an existing lease;
  • Reviewing Agreements to Lease, Fitout Agreements and other incentive agreements;

   

• Services for commercial or retail landlords

  We act for a number of shopping centre owners, property investors and property developers, assisting them with all of legal aspects of their leasing operations.

  In particular our services include the following advice and assistance in the following commercial and retail leases:

  • Preparation of new leases;
  • Assistance with complying with your Retail Shop Lease disclosure obligations, including assisting in preparation of the Lessor Disclosure Statement
  • Extension of lease;
  • Issue of breach notices and termination of lease;
  • Lease surrenders;
  • Assignment of an existing lease, including due diligence on prospective tenants;
  • Variation of an existing lease;
  • Agreements to Lease, Fitout Agreements and other incentive agreements;
  • Obtaining mortgagee consent to your lease and registration on title to the property.

  With our team having experience in working as in-house counsel for a shopping centre developer providing project leasing legal assistance to the directors, we know what information needs you have.  We can work with you to develop a project leasing strategy that ensures that you always have the information you need for reporting, accounting and compliance purposes.

• Do you provide fixed fees in this area of the law?

  We can provide fixed fee quotes for all work that we handle in respect of retail and commercial leases, other than disputed lease matters.