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Commercial Leasing

Commercial Leasing

Commercial Leasing and Commercial Lease Agreements

If you are intending on becoming a landlord or tenant of a commercial property, it is important that you engage a solicitor before signing any agreement in relation to a commercial property. Agreements can have a variety of names such as “Lease proposals”, “Agreements to lease” or “Offers to Lease” and are not documents that should be signed without legal advice as you could be bound by this form of agreement before even signing a formal lease.

This is an opportunity to check that you are happy with what is proposed and also the time to add anything else you would like seen in your lease agreement or negotiate the removal of some aspect of that agreement. Because once the final lease document has been produced, it is quite often hard to renegotiate the terms.

Leases can usually have long terms attached to them in the commercial space, therefore it is imperative that all concerns and wishes are voiced before the final lease is drawn up. This is the case if you are either the lessor or lessee as you don’t want to be bound by an agreement you are not happy with, it is essential you get it right from the start and you are aware of the agreement you are entering.

Our team can help you with:

  • Negotiating an agreement to lease or a commercial lease agreement for premises,
  • Negotiating the actual lease itself,
  • Conducting relevant searches on the title to ensure you can conduct business as the lessee from the particular premises.
Have a question?

Our experience with conveyancing extends to commercial leasing

  • Expert legal advice and service for both lessors and lessees
  • Ensure all wishes and concerns are addressed before the final lease is drawn up
  • All aspects, including relevant searches on the title, taken care of for you

FAQ’s

  • What you need to consider when you are negotiating a commercial lease agreement?
    • The term of the lease including any options to renew and rent reviews;
    • Security to be provided such as personal guarantees required;
    • Rights of assignment and terms of any assignment;
    • Insurance;
    • Outgoings and whether the lease is a gross lease or net lease.
  • Do you Need a Retail Shop Lease?

    The definition of a retail shop lease under the Retail Shop Leases Act refers to a premises that is:

    • situated in a retail shopping centre; or
    • used wholly or predominantly for the carrying on of 1 or more retail businesses.

    A retail business is one that is prescribed by legislation as a retail business. There is an extensive list of such businesses set out in the relevant legislation.

    There is specific legislation that dictates a lot of matters that relate to retail shop leases in Queensland. We can assist you whether as landlord or tenant in making sure you meet your legislative responsibilities.

    Are you a landlord?

    Our team can assist you with the preparation of the lease, the lessor disclosure statement and requirements, extensions, variations and options, enforcement of rights, compliance with legislation and negotiating lease terms.

    Are you a tenant?

    For tenants we can advise and assist you with the disclosure statement by the lessor, the draft lease given with those documents, prepare the Lessee disclosure statement, provide the certificate of independent legal advice report, negotiate the commercial lease agreement terms and assist with ensuring you meet time frames and requirements for exercising options and assigning leases.

    If an issue arises, we can advise you on your rights and act for you if proceedings against you occur or prosecute if your rights have been breached.

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