Retail Commercials Leases & Tenancy Disputes

Commercial Leases

A commercial lease is an important legal document that creates lawful obligations between a lessor and a lessee. Whether you are a tenant or a landlord, it is important to have a complete understanding of your rights and liabilities under the lease. Leasing can be challenging and often requires expert legal assistance especially as the relationship between the parties often lasts many years. A well drafted commercial lease that covers all important provisions related to lease duration, termination, defects management, outgoings, fit out works, limits on use of the premises, and sub-letting can limit the potential conflicts between the landlord and the tenant.

If you need guidance and help in matters related to leases whether it is preparing the lease, legal review of the commercial lease or the Heads of Agreement, Amity Legal can give you advice to ensure you get your desired outcome. We have a dedicated and experienced leasing team that acts for lessors and lessees for commercial office buildings, shopping centres, industrial buildings, and mixed-use developments.

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Retail Leases

A retail lease is an important legal document that creates lawful obligations between a lessor and a lessee. Generally, a retail lease is for a premises primarily used for selling goods or services and is subject to specific retail leasing legislation.

While retail and commercial leases are similar, the Legislation governing the retail leases is significantly more onerous on a landlord. For example, the Legislation imposes an obligation upon a landlord to provide a disclosure statement to the tenant at least 7 days prior to signing the lease, failing which the tenant has the right to terminate the lease.

Leasing can be challenging and often requires expert legal assistance especially as the relationship between the parties often lasts many years. A well drafted retail lease that covers all important provisions can limit the potential conflicts between the landlord and the tenant.

If you need guidance and help in matters related to leases whether it is preparing the lease, legal review of the retail lease or the Heads of Agreement, Amity Legal can give you advice to ensure you get your desired outcome. We have a dedicated and experienced leasing team that acts both for lessors and lessees in retail leases.

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Subleases

A Sublease Agreement is a legal agreement that permits the tenants to sublease the whole or part of their leased premises to another party provided that the terms of lease do not prevent the tenants from doing so. Typically, a lease allows subletting the whole or part of the premises provided the head landlord consents to it in writing. The Sublease Agreement administers the relationship between the current tenant, the new subtenant, and the head andlord by addressing matters such as getting the consent of the head landlord, rent, lease expiration, security deposit, and other important terms.

If you need guidance and help in matters related to subleases whether it is preparing the sublease or reviewing the sublease, Amity Legal can assist you to get your desired outcome.

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Tenancy Disputes

Whether you have disputes relating to a residential or a commercial lease, Amity Legal has a dedicated dispute resolution team with specialists in resolving tenant and landlord disputes. Contact our lawyers on 0410 514 004 for further information.

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Deed Of Assignment/transfer Of Lease

A tenant usually transfers (also referred to as an assignment) a commercial lease to another party (referred to as the assignee) in circumstances when they have either sold their business and the purchaser has agreed accept the existing lease or when the tenant plans to exit the lease and has procured a party who is ready to take on the existing lease. A Deed of Assignment of Lease transfers the obligations of the current tenant under a lease to another party. The Assignment is typically done after obtaining the landlord’s consent to the assignment which usually involves the proposed new tenant providing their financial and business references to the landlord.

If a retail lease is being transferred, the tenant will also typically need to give the assignee a disclosure statement. In New South Wales, the assignee must receive the disclosure statement at least seven days before the date of the transfer.

A Transfer of Lease also has stamp duty implications. Whether you are a landlord, a tenant, or an assignee, it is imperative that you understand your rights and obligations when transferring or getting assigned a commercial or a retail lease. If you need assistance with drafting or reviewing the terms of your deed of assignment, contact Amity Legal.

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