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02 9526 3444

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Leasing (Retail and Commercial)

If you are a landlord or a tenant, commercial or retail, Shire Legal can assist you with leases and licences. It is important that you seek legal advice from a solicitor before entering a lease, as it has the potential of becoming a negative impact on your business’ cash flow at a later stage.

Shire Legal can assist you with:

  • Drafting and reviewing retail and commercial leases
  • Negotiation for the terms of the lease (including rent, transfer options, duration, exit and renewal options)
  • Subletting of premises

When should I see a lawyer?
You should see a lawyer before you sign anything, including the negotiated “terms of lease” or “agreement to lease”.  Such a document may be considered to be legally binding, therefore it is crucial that you have a lawyer review the document before it is signed, to ensure that the document accords with whatever agreement you have negotiated with the other party.

Does the lease need to be registered?
It is a legal requirement that leases for a term over three years must be registered on the title of the property.  Leases for a term less than three years do not need to be registered, but can be.

Renewal of the lease
Leases typically are for a fixed initial term of, say, 3 or 5 years, with an “option to renew” period of a further 3 or 5 year period.  If you as a tenant wish to stay on at the property and renew the lease, then it is imperative that you give formal notification to the landlord between the renewal dates provided in your lease.  If you give notice too early, or too late, the landlord does not have to accept your request.  In recent years, the Courts have dealt with numerous cases where the tenant did not effectively exercise the option by using the wrong type of wording in the notice, being out of time etc.  Shire Legal can assist you with the renewal of your lease to ensure that it is done in accordance with the terms of the lease and leasing law.

You can read our blogs about leases here.

Useful links:
Look before you lease: Avoiding the pitfalls in retail leasing

Understand your lease agreement, before signing.

Arrange a confidential appointment or read what our clients say here.

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  • PO Box 495 Miranda NSW 1490
  • 02 9526 3444
  • 02 9526 3499
  • info@shirelegal.com.au

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  • Level 1, 29 Kiora Road, Miranda NSW 2228
  • Phillip Street, Sydney NSW 2000 (by appointment only)

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  • Home
  • About Us
    • Our Team
    • Testimonials
    • Fixed Fees
    • Information Sessions
    • Agency
    • Careers
  • Areas of Practice
    • Business
      • Selling a Business
      • Purchasing a Business
      • Leasing (Retail and Commercial)
      • Business Agreements
      • Franchising
      • Intellectual Property
        • Trademark Registration
        • Trademark Enforcement
        • Passing Off
      • Debt Recovery
      • Security of Payments
      • Employment
      • Bankruptcy
      • Insolvency
      • Business Succession
      • Competition and Consumer Law
    • Estates
      • Wills
      • Power of Attorney
      • Enduring Guardianship
      • Estate Planning
      • Deceased Estates
      • Estate Disputes
    • Property
      • Selling Property
      • Purchasing Property
      • Property Transfers and Refinances
      • Property Agreements
      • Certificate of Independent Legal Advice
      • Strata
      • Easements
      • Subdivision
      • Caveats
      • Leasing (Retail and Commercial)
      • Retirement Village and Aged Care Contracts
      • Co-ownership Agreements
    • Notary Public
    • Certificate of Independent Legal Advice
  • Blogs
  • Events
    • 2018 Drinks on the Terrace
    • 2017 Drinks on the Terrace
    • 2016 Drinks on the Terrace
    • 2015 Drinks on the Terrace
    • 2014 Drinks on the Terrace
  • Payments
  • Contact Us
  • BOOK AN APPOINTMENT