Commercial Leasing
Acting for landlords and tenants in retail and commercial leases, including Retail Leases Act 1994 (NSW) compliance, renewals and assignments.
Entering, Renewing or Ending a Commercial Lease
Leasing decisions made in a hurry tend to cause problems for the duration of the term. A five plus five year retail lease commits the parties to a relationship measured in years, and we act for both landlords and tenants to make sure the lease will hold up when tested.
Reviewing the Lease Before You Sign
We review the lease and any disclosure statement to identify obligations that are easy to overlook at the outset but expensive to deal with later, particularly around repairs, outgoings and make good.
Rent, Outgoings and Rent Reviews
We check how rent is reviewed over the term, whether by a fixed percentage, CPI or market review, and how outgoings are calculated and passed on, so there are no surprises during the lease.
Issues That Arise Over the Life of a Lease
Options to Renew
Where the lease includes an option to renew, the notice period and process for exercising it need to be followed precisely. Missing a deadline can mean losing the option altogether.
Make-Good and Fit-Out
Make good obligations can range from a clean and vacant handover to a full strip out. We make sure the scope is defined clearly so there is no dispute about what is required at the end of the term.
Assignment and Change of Control
Where a tenant sells the business or wants to bring in a new operator, the lease usually needs to be assigned with the landlord's consent, which cannot be unreasonably withheld for retail leases. Guarantees given by the outgoing tenant may also continue.
Defaults and Ending the Lease
We advise landlords and tenants on default notices, remedies for breach and disputes during the term, as well as properly documenting a surrender where both parties want to end the lease early.
How Shah & Co Lawyers can assist
We act for landlords and tenants alike, so the advice reflects which side of the lease you are on.
Lease Preparation and Review
Drafting and reviewing retail, commercial and industrial leases.
Disclosure Statements
Preparing and reviewing disclosure statements under the Retail Leases Act.
Renewals and Rent Reviews
Advice on exercising options and disputed rent reviews.
Assignments and Subleases
Obtaining consent and documenting assignments and subleases.
Make Good Disputes
Advice on make good obligations and disputes at the end of a term.
Lease Defaults
Advice for landlords and tenants on breach and termination.
What we regularly advise on
- Retail leases under the Retail Leases Act 1994 (NSW), including disclosure statements and lessor's consent.
- Commercial and industrial leases outside the retail regime.
- Lease renewals, options to renew and rent reviews.
- Assignment, sublease and licence arrangements.
- Make good and end of lease disputes.
Frequently asked questions
General information only. Every matter turns on its own facts.
Other commercial law services
Business Purchases and Sales
Acting for buyers and sellers in the sale of goodwill, share sales, asset sales, due diligence, transition arrangements and restraints of trade.
Learn moreCommercial Contracts
Supply agreements, services agreements, distribution agreements, agency agreements, joint ventures and confidentiality agreements.
Learn moreContract Drafting
Drafting bespoke commercial agreements that reflect how the deal actually works and protect your position if things change.
Learn moreContract Reviews
Reviewing commercial contracts before signing, flagging risk allocation issues, unfair terms and points that should be negotiated.
Learn moreCommercial Disputes
Contractual disputes, breach of contract claims, misleading and deceptive conduct claims and Australian Consumer Law matters.
Learn moreShareholder Disputes
Oppression proceedings under section 232 of the Corporations Act, deadlocks, share buy-outs and exit arrangements.
Learn moreGet your lease reviewed before you sign or renew.
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