As a tenant, the right lease can help make your business very successful. A lease that is too heavily weighted to the landlord can cause significant stress and financial cost to you down the track. We consider that “one size does not fit all” – each leasing situation is different. As a tenant, you binding yourself to significant financial commitment, which usually lasts for many years. The lease can be a critical determinant to the ultimate success of a business.
Leases are generally drafted in the landlord’s favour. Without the benefit of solid legal advice, tenants tend to sign leases without necessarily understanding the ramifications. This doesn’t necessarily mean that the landlord is trying to be tricky: from the landlord’s perspective they are just being commercially savvy. As a tenant, you should seek to do the same. Landlords will often be prepared to modify their standard lease when provided with sound reasons for doing so – or otherwise even compromise significantly in order to get the deal done.
Our experience in advising countless tenants across several industries means that we can advise our tenant clients about ma by of the pitfalls not only at the start of the lease but during and at the end of it. We have seen so many scenarios (including lease disputes[hyperlink]) – and this has educated us in the practical realties that face tenants. We inject that knowledge into our advice to prospective tenants, so that:
- you know what you are being asked to sign
- we can advise you on what clauses should be renegotiated or delete and what other new clauses should be included.
We take the view (from experience) that there is no point in getting advice from lawyers unless they understand the issues that face tenants, which in turn will greatly assist in your commercial interests being protected.
The nature of commercial leases is that they have many “moving parts” and a lease can be drafted in such a way (often subtly) that the tenant can be left a major disadvantage.
<Some things a tenant should consider include –
- Options for Further Terms
- Permitted Use
- Default Provisions
- Security Deposit (Bond)
- Trading Hours
- Rent Review
- Repairs and Maintenance
- Make Good
- Tailored Special Conditions that are essential or otherwise helpful to you
We regularly provide advice on the above – and many more – matters to tenants considering entering into a commercial lease arrangement. The benefit of this advice is experienced not only at the commencement of the lease but during the term, any further terms and upon exit of the premises.
We Are Here to Help…
<Our commercial leasing lawyers can–
- consider your individual circumstances – including considering that matters that are specificto your type of business.
- assist you in negotiating the lease with the landlord or the landlord’s lawyers, as necessary,
- provide you with options in relation to the types of issues that could be relevant to your type of business and your business specifically.
Please call us today to discuss your matter on 1300 907 335. Alternatively, please fill out the form on this page and we will promptly respond to you.
Landlords need concise, precise, straightforward documentation.
We can assist you as a landlord by:
- assessing what your requirements are for your in your lease
- drafting the lease and the disclosure statement, in a concise compliant way
- ensuring that the tenant executes the lease documentation
- negotiating terms on your behalf (if required)
- offering a fast turn around time.
In other words, we will protect your interests as the landlord.
Our experience in commercial leasing (including retail leasing) is extensive and will ensure that your specific needs are catered for. We have different types of leases for different types of scenarios.
We have lawyers who draft both simple commercial leases on the one hand and lawyers who have the legal and commercial experience to deal with complex leasing scenarios on the other hand.
We also have experience across a wide range of industries – which is important because tenancies require their own suite of special conditions in order to protect you as a landlord.
We regularly draft leases for landlords with respect to the full range of commercial premises including (but by no means limited to) following types of premises:
- Shopping Centres
- Industrial Premises including factories and warehouses
- Service Stations
Please feel free to call us to discuss your matter on 1300 907 335 or simply fill out the form on this page and we will respond promptly.