We are experienced property lawyers with a keen personal interest in commercial property and the leases that support our businesses and investments and those of our clients. Read our Client Reviews and then call us to speak with an Adelaide commercial lease lawyer with specialist business conveyancing experience on a no obligation basis.
Whether you are a landlord or tenant, we can assist with any aspect of commercial leasing including:
- lease negotiations;
- preparation of commercial leases, directors guarantees and disclosure statements;
- commercial lease advice for prospective tenants and purchasers;
- preparation of lease transfers, deeds of assignments, extensions and surrenders;
- compliance with the Retail and Commercial Leases Act, 1995;
- debt collection of rental arrears incorporating processes such as distraint of tenant goods and re-entry of premises;
- resolution of lease disputes.
Leases can be very different and whilst generally in favour of landlords, some leases contain clauses that can be devastating for unsuspecting tenants. Find out more
Adelaide Commercial Lease Lawyers Who Add Value
In our opinion a commercial lease is the foundation of a good business for a tenant and also basis on which valuers and financiers assess the value of investment property. Having a good lease in place should be a fundamental consideration for every business owner and investor. But our aim is to add value where we can without getting in the way of negotiations.
What Is A Good Lease?
A good lease is not just about rental return but a large number of other factors which include:
- lease term and rights or renewal;
- definition of permitted use;
- rent review mechanisms;
- right to recover property expenses and outgoings;
- quality of lessee and security provided to support the lessee’s obligations under the lease; and
- maintenance requirements and make good provisions at end of lease.
Notwithstanding that the parties have not signed the lease agreement, where they have partly performed their obligations, the common law doctrine of part performance may be relevant to create a contract in equity on the terms set out in the unsigned agreement. In these circumstances the landlord may also rely on their implied powers under the Real Property Act, 1886 set out in sections 124 and 125. Further, if the lease is one where the Retail and Commercial Leases Act, 1995 applies, then the tenant may in any event have rights to a minimum 5 year lease if they have been in occupation of the premises for 6 months or more. To avoid the uncertainty and potential cost associated with determining your rights and obligations, we strongly recommend that you take advice and agree lease terms before committing to the expenditure of funds on premises or granting or taking occupation.
A Disclosure Statement is only required to be provided to a tenant where the Retail and Commercial Leases Act 1995 applies. If the Act applies and the landlord does not provide the tenant with a Disclosure Statement, the tenant may be able to cancel the lease. However, it would be in the tenant’s best interest to seek cancellation of the lease sooner rather than later because the longer the tenant leaves it, the poorer the tenant’s chance of cancelling the lease.
If the signed Agreement to Lease clearly identifies the landlord and tenant, premises, rental, start date and lease duration, and provided the offer is not expressed as being conditional, then it is likely the Agreement will be legally binding upon the parties. This is further qualified where the Retail and Commercial Leases Act, 1995 applies where the tenant must be provided with the draft lease and Disclosure Statement before the Agreement to Lease was signed. Failure to comply with the Act may give the tenant the right to get out of the lease or be awarded compensation.
If you are looking for a highly experienced and motivated property lawyer with a keen personal interest in real estate and commercial leases, you have come to the right place!
Read our Client Reviews and then talk to Adelaide Commercial Lease Lawyers about your commercial lease matter on a no obligation basis.