We advise and assist in the following commercial leases:
- Preparation of new Lease;
- Extension of Lease;
- Termination of Lease and rent recovery;
- Assignment of an existing Lease;
- Variation of an existing Lease;
- Disclosure Statements; and
- Registration of a Lease on the Title.
We act for small, medium, large and institutional clients and provide legal advice, drafting lease documents, negotiating leases, enforcing lease agreements for both landlords or tenants and representing clients in disputes.
We can prepare bespoke commercial leases for any landlord or property, including agreements for lease where the building is not yet constructed.
We work regularly with commercial leasing agents and are well attuned to the commercial leasing market.
Lease reviews and advice for tenants is also one of our specialties. Given that there is no single commercial lease agreement used in the market, lease agreements can often favour the landlord more than the tenant so it is important to consider all the legal and financial issues that our lease expert lawyers will advise you on.
For tenants, before signing a commercial lease you might consider the following:
- Licenses or permits;
- Business growth which may impact the term of lease provision;
- The term of lease and the granted option(s);
- Physical condition of the premises and who will pay for certain repairs;
- Alterations to the property;
- Chattels including fit outs being attached to the property;
- Insurance; and
- Any other matter that may be specific to your tenancy.
The complexities under the Retail and Commercial Leases Act 1995 (SA) make it important for both commercial landlords and tenants to seek legal advice.