Leasing commercial property
While the interests of the landlord and the tenant are not altogether aligned in leasing commercial property, achieving and maintaining a cooperative business relationship is of benefit to both parties. A well-structured commercial lease protects the interests of both the lessor and the lessee and clarifies the details of the commercial relationship between them.
Commercial leasing is legally complex. The tenant who is leasing commercial property and the landlord making those business premises available both need legal advice to ensure that they are safeguarding their position.
For example, lessors and lessees must be aware of laws which provide for the registration of personal property security interests. If a lease agreement includes equipment and fittings that may be considered to be registrable security interests under the Personal Property Securities Act (PPSA), it’s important to ensure such interests are registered to make them valid and enforceable.
If the lease in question is a retail lease, it must comply with retail leasing legislation. These laws can vary by state and territory and are designed to make retail tenancy fairer for both tenants and landlords. They cover aspects such as disclosure requirements, minimum time limits and restrictions on landlord claims.
In addition to leases, there are also licences which grant permission to occupy a property. The occupier of a property under a licence, as distinct from a lease, does not have exclusive possession of the property and generally cannot transfer the licence to a third party.
The commercial leasing lawyers at Stacks have a wealth of experience in acting and providing advice to both landlords and tenants in commercial leasing agreements. This includes advising the full range of matters affecting retail, industrial, hospitality, rural and tourism industry premises.
Whether you’re entering into a new lease, renewing an existing one, or dealing with a dispute, the commercial leasing lawyers at Stacks are here to provide the expert advice and support you need.
Services for commercial landlords (lessors)
- Drafting leasing agreements
- Compliance with legal minimum energy performance ratings
- Commercial sublease agreements
- Extension or renewal of leasing agreements
- Providing notice of intention to terminate a lease
- Terminating a lease
- Taking possession of commercial property
- Damages due to failure to pay the rent on time
- Loss of bargain damages (for the loss of the benefit of the lease)
Services for commercial tenants (lessees)
- Leasing commercial, retail, industrial, rural and tourism business premises
- Advice and negotiation of leasing agreements
- Negotiation of rent abatement provisions
- Registration of personal property security interests under the PPSA
- Maintenance, repairs and common area expenses
- Insurance obligations such as public liability and property damage insurance
- Special provisions for liquor and gaming leases
- Variation of terms of leasing agreements
- Transfer of lease / deed of assignment
- Mediating and resolving disputes between landlords and tenants
Need advice about leasing commercial property?Call us today
