Commercial & Retail Leases

Professional Property Conveyancing To Suit Your Schedule

Our aim is to provide you with quality service without inconveniencing you. We do everything we can to make the transaction as smooth as possible.

Whether you are the landlord or the tenant, there are many issues that may arise we at Sure Conveyancing carefully consider them and ensure that the lease reflect what both parties intended the outcome to be.  A full explanation is given to you whether you are the landlord or tenant advising you of your obligations and their performance during the term of the lease. We then ensure that the lease complies with the Act governing it.

As the landlord there are several issues you need to consider. Most importantly, the lease documentation must meet your needs and you must understand how the lease is to operate and what your rights as the landlord are.

At Sure Conveyancing, we take the time to meet with you and advise you of your obligations to notify your mortgagee (if any noted on the title), liaise with the local council to determine what type of shop/office is permitted within the zoning of this property and your builder/architect to determine if building works may be required.

What many people don’t understand is just how complex a commercial lease can be and how it can be a recipe for disaster if not drafted correctly.

Other things to consider is when finding a tenant, will the tenant be able to afford the rent for the term of the lease, will they leave the premises in the same condition as when they entered the lease, who is responsible for the fit-out, are there any rent-free periods, what to do when something goes wrong with the building, etc. you may require the tenant to provide a personal or bank guarantee equivalent to say, 6 months’ rent, personal guarantees from any directors or shareholders of the company for payment of rent, public liability insurance, who is to pay the outgoings, i.e. water rates, council rates, strata levies, land tax, etc

As the tenant, we will be negotiating the terms and conditions for you, some things include:

  • Rental payments – how much and when to pay
  • Commencement date of rent period, depending upon completion of fit-out and obtaining relevant approvals for business etc
  • Outgoings payable by the landlord or the tenant
  • Term of the lease
  • Options available for renewal and how/when to exercise the option
  • Maintenance – landlord is generally responsible for structural repairs and tenant for day to day maintenance of premises
  • Use – what the premises can be used for and the type of business permitted etc
  • Assignment/Sub-letting – whether the landlord gives consent and what approval procedure is in place
  • Insurances required
  • Obligations of each party at the end of the lease

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02 8221 9786

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