Property & Leases Articles

Why Register a Lease?

by | Conveyancing, Property & Leases

Having a good lease in place is vital to the security and value of your business.  While negotiating certain terms (such as a lower rent) is important to making sure the business is profitable while in the property, a tenant also needs to consider if the lease should be registered. So, why register a lease… Read more »

Commercial Lease Disclosure Statements

by | Property & Leases

Can I get out of a commercial lease because I did not receive a disclosure statement? In South Australia, commercial tenants are protected by the Retail and Commercial Leases Act, 1995 (RCLA). The RCLA requires in Section 12 that a prospective tenant receive a Disclosure Statement from the landlord before the lease is signed. A… Read more »

Unfortunately, it is not uncommon for landlords to encounter problems with commercial property tenants not paying rent on time. To make matters worse, this type of tenant often won’t pay until they have received multiple requests from the landlord or their managing agent. In my experience, no amount of pleading will convert a tenant who… Read more »

Option to Renew Lease (Commercial)

by | Property & Leases

The Retail and Commercial Leases Act 1995 (“Act“) provides that a lease governed by the Act must have a minimum term of 5 years including options. The parties to the lease, and particularly the tenant, may not want to commit to a 5 year term – so an option to renew lease will provide the… Read more »

Property Co-ownership Agreements

by | Property & Leases

Where two or more people own property, there needs to be complete understanding between the parties regarding their respective rights and obligations. This is particularly important when the co-owners are not married. Very often, the parties will assume they share the same views on how a property is to be maintained and whether or not… Read more »

In most commercial transactions the parties will need to negotiate the terms before agreeing on the final details.  Successful contract negotiation is not just about who has greater bargaining power – it is also about research, planning and following some well recognised guidelines. Examples of these transactions include; shareholder agreements, partnerships dissolutions, commercial leases, the sale… Read more »

Retirement Villages are increasingly becoming a preferred mode of accommodation for senior Australians.  In South Australia the Retirement Villages Act 2016 came into force on 1 January 2018. The new Act sets out the rights and obligations of residents and retirement village operators, and specifies information which must be provided to a prospective resident in… Read more »

Lawyers Adelaide Beger & Co Lawyers Adelaide provide legal services in a wide number of areas.  These range through personal and business legal matters for our clients. Some of our more commonly requested legal services include: Wills and Estate Lawyers Adelaide A large part of our legal practice’s activity is acting as wills and estate… Read more »

Acquiring Land By Time

by | Property & Leases

In South Australia, we follow the Torrens title system as devised by the great Sir Robert Torrens.  In essence, this means a person with an interest and estate in land acquires it by registration.  Thus the Torrens title system is referred to as ‘title by registration’ rather than ‘registration of title.’ A person with a… Read more »

Recently, Beger & Co Lawyers acted for commercial tenants who were being evicted by their landlord because their lease arrangements were coming to an end.  Despite vigorous opposition by the landlord, our clients won a Court Order to extend their lease term so that they can stay in their shop for at least 5 years…. Read more »

Old Lease, Extended Lease, New Lease

by | Property & Leases

Can you keep extending a commercial lease? Of course a landlord and tenant can, either by the tenant duly exercising a right of renewal in the tenancy agreement itself, or, when that runs out, by agreement between landlord and tenant for a formal extension. The same terms can be retained, subject to agreed variations on matters… Read more »

How Long Does Your Commercial Lease Run?

by | Property & Leases

If you’re a tenant seeking commercial space, or a landlord leasing commercial space, note that the policy of the Retail and Commercial Leases Act 1995 is to give commercial tenants a minimum of 5 years, whatever the lease says. Sections 20B (1) and (2) of the Act state: “(1) The term for which a retail shop… Read more »

When the average yield for a 3 bed house in Adelaide is around 4.5%, is it really possible to buy an average 3 bedder that grosses 15% or higher? Yes it is! But of course, there’s a unique business model behind this strategy. One of my long term clients, Melinda Mayne, bought a very ordinary… Read more »

Welcome to Part 2 of my “Commercial Lease Negotiation Essentials” which looks at some other things that landlords and tenants should consider before signing an Agreement to Lease.  Lease terms are important to landlords for a number of reasons including that the value of the property will is directly related to the strength of the… Read more »

Unfortunately, as lawyers, we are usually asked to prepare or advise on Commercial Leases, Director Guarantees and Disclosure Statements after lease negotiations are complete and the parties have already committed to an Agreement to Lease (which is generally binding irrespective of whether a final lease is executed).   We can add significantly more value during (or preferably… Read more »