Review The Lease Before You Sign

We provide to the point, helpful advice to tenants who seek advice about a new lease or lease renewal provided by the landlord before the lease is signed. Regardless of the industry, type of property and your profile as a tenant you will need clear advice often tailored to your circumstances.

More complex lease negotiations start with Heads of Agreements. If you need advice in drafting a heads of agreement we can also assist at this stage as well. Getting advice early will help provide clarity in the negotiations stage as we can be used as a sounding board or be consulted if you require clarification on certain issues. Our experience and knowledge can help fast-track your decision making and negotiations.

Primary issues a tenant should consider include rent, rent review, options for further terms, permitted use of the premises, commencement/termination date, security deposit (bond), trading hours, insurance obligations, rent review, repairs and maintenance, make good, special conditions advantageous to you.

Depending on the property lease negotiations can require detailed legal knowledge to negotiate and draft an appropriate lease agreement. Alternatively in retail leasing the process is quite perspective and requires different considerations. Whatever the type of property you are looking to lease our lawyers have the skills to assist you with relevant lease advice.

The Importance of Quality Lease Advice?

As a tenant, the right premises and 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” – as each leasing situation is different.

As a tenant, you are binding yourself to significant financial commitment for many years. The lease terms can be a critical determinant to the ultimate success of a business.

Also, leases are generally drafted heavily in the landlord’s favour. Without the benefit of solid legal advice, tenants tend to sign leases without necessarily understanding the ramifications of certain clauses. 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 and 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 many of the pitfalls. This are not apparent at the start of the lease but often come to the fore during and at the end of the lease.

We have seen so many scenarios (including lease disputes) – 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 experienced in dealing with the issues that face tenants during the life of the lease. Seeking an expert’s opinion 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.

We regularly provide advice on the above – and many more – matters to tenants considering entering into a commercial lease arrangement. This benefits you 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 assist by:

• considering your individual circumstances – including considering that matters that are specific to your type of business.
• assisting you in negotiating the lease with the landlord or the landlord’s lawyers, as necessary,
• providing you with options in relation to the types of issues that could be relevant to your type of business and your business specifically.

Our Service And How It Works

We typically review the proposed heads of agreements or lease and discuss with you what your intentions are with the property and what the needs of your business are.

We keep the advice to the point – we seek to understand your situation, look for problem clauses and other legal risks, and advise as to how the lease can be amended to de-risk your position so that you the risk of you ending up in a very expensive situation either during or at the end of the lease is significantly reduced.

Our Leasing Experience

Our commercial and retail leasing experience is Australia-wide and our lawyers are experienced in advising and drafting commercial leases and associated commercial agreements.

Clients choose PCL Lawyers when the lease review done efficiently, yet thoroughly.

How to contact us

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.