Services

Retail leases are applicable for premises that are used mainly as a shop for selling goods and services. Examples include restaurants, takeaway food shops, hairdressers, florists, beauty therapists, bakeries, and shops within a shopping centre. Retail leases have specific statutory obligations governed by the Retail Lease Act 1994 (NSW), including disclosure obligations. We can ensure you understand these obligations and have a valid lease in place.

Commercial Leases are applicable for non-residential leases that do not fit within the category of retail leases. Typically, these are businesses such as offices or warehouses.  These leases are more flexible than Retail leases and as such the terms should be considered carefully and negotiated between the landlord and tenant. We can advise you as to whether your lease should be a commercial lease and ensure the terms accurately represent your interests.

Agreements to Lease are a contract entered into when the premises are not yet ready to be leased, however a tenant has been found. Typically, this is when the premises are to be, or are, under construction. As the lease is attached to the Agreement, it is important to seek our legal advice prior to signing such, as you will be bound to the conditions of the Agreement and to the Lease once executed.

A retirement village lease is an occupancy arrangement for a person living in a retirement village that sets out their right to reside in a particular unit and the terms of living in the village. It is important to seek legal advice before signing such document to ensure the terms reflect your interests.

A sublease is an arrangement where the existing tenant (the head tenant) leases all or part of the premises to another occupier (the subtenant) for a term that sits within the head lease. This usually requires the landlord’s consent. Before granting or taking on a sublease, seek our legal advice as to whether the terms allow for this and to ensure the terms reflect your interests.

If a tenant is unwilling or unable to complete the term of their lease, a Surrender of Lease can be used to formalise an agreement between the landlord and tenant to end the lease. This usually deals with issues such as make-good (being the state the property has to be in upon the end of the lease), outstanding rent and outgoings and release terms.

An assignment of lease is the transfer of a tenant’s interest in a lease to a new tenant, and usually requires the landlord’s consent.

A variation to a lease is a formal change to one or more terms of an existing lease (for example, rent, term, options, permitted use, outgoings, or repair obligations), usually recorded in a written deed of variation so the amended terms are clear and enforceable.

A property licence (licence to occupy) is a permission granted by an owner or occupier for another person to use all or part of premises on specified terms, without granting exclusive possession. This is typically used between contract exchange and settlement when a property is sold.

If a landlord and tenant cannot agree upon lease terms, or rights and obligations under an existing lease, please contact us for advice on your position and available options.