Sydney Retail Lease

In New South Wales, retail leases are leases for retail purposes and governed by the Retail Leases Act 1994.

The most common type of retail leases (not larger than 1,000 square metres) include, but not limited to, restaurants, beauticians, barbers, bookshops, comic shops, duty free shops, dry cleaners, florist, hairdressers, jewellery stores, pharmacy, seafood stores, supermarkets, tobacconist, vitamins shops and many more.

If you are looking to enter into a retail lease, it is vital to understand your rights and obligations before signing the retail lease which is a legally binding agreement.   The retail lease aims at defining the obligations of each party during the term of the lease.

Acting for Tenants

If you are a tenant looking to lease retail premises, our retail leasing lawyers can assist with:

• Reviewing the lease, disclosure statement and associated documents;
• Advising you on the terms and conditions of the lease;
• Negotiating amendments to the terms of the lease;
• Ensuring the lease is finalised and completed;
• Enforcing the terms and conditions of the retail lease including rent review, sub-letting, sub-leasing, surrender, assignment and variation to the lease;
• Ensuring your requirements are effectively covered in the lease; and
• Dispute resolution (including NSW Civil and Administrative Tribunal).

Acting for Landlord

If you have found a tenant for your retail premises, our retail leasing lawyers can assist with:

• Drafting the retail lease, disclosure statement and other relevant documents;
• Negotiating terms and conditions of the retail lease with the tenant or the tenant’s representative;
• Reviewing proposed amendments;
• Advising you on the retail lease and the proposed amendments;
• Ensuring the retail lease is finalised, executed and completed;
• Ensuring your requirements are effectively covered in the retail lease; and
• Dispute resolution (including NSW Civil and Administrative Tribunal).

Some tenants and landlord will often not see eye to eye on certain matters, however, in some cases, the dispute escalates beyond the mechanisms of the lease.  If this is the case, our retail leasing lawyers will handle the matter whereby the disputes are often handled and heard by NSW Civil and Administrative Tribunal (formerly dealt with by the Retail Leases Division of the Administrative Decisions Tribunal).

Sydney Commercial Leases

Having leased and operated our business at commercial premises, we understand the significance of the commercial lease reflecting the terms negotiated with the landlord.

A commercial lease is essentially an agreement to operate from commercial premises for a specified time and rent amount.   Whether you are the tenant or the landlord, a commercial lease is a binding agreement, which should be carefully considered so that you know your rights and obligations.

Key consideration in commercial leases includes lease term, options to renew, rent, rent review, outgoings, repairs, and maintenance, permitted use, personal guarantees, sub-leasing, insurance, fit-out, assignment, transfer, costs and operating hours.

Commercial leases are generally covered pursuant to the Real Property Act 1990 (NSW) and Conveyancing Act 1919 (NSW).

Acting for Tenant

If you are looking to lease a commercial property, our commercial leasing solicitors can assist with:

• Reviewing the lease and providing advice on key aspects of the lease;
• Negotiating the terms of the lease with the landlord or their representatives;
• Ensuring you understand the lease;
• Assist with executing and finalising the lease process;
• Enforcing the terms and conditions of the lease including rent review, sub-letting, sub-leasing, surrender, transfer, assignment, and variation;
• Ensuring your requirements are effectively covered in the lease; and
• Dispute resolution (including NSW Civil and Administrative Tribunal).

Acting for Landlord

If you are a landlord looking to lease your commercial premises, our commercial leasing lawyers can assist with:

• Drafting and negotiating terms and conditions of the commercial lease;
• Reviewing proposed amendments received;
• Advising you on the lease and the proposed amendments;
• Ensuring the lease is finalised, executed and completed;
• Ensuring your requirements are effectively covered in the lease;
• Reviewing and advising on the tenant’s exercise of rights under the lease; and
• Dispute resolution (including NSW Civil and Administrative Tribunal).

Some tenants and landlord will often not see eye to eye on certain matters, and in some cases the dispute escalates beyond the mechanisms of the lease.  If this is the case, our commercial leasing lawyers will handle the matter whereby the disputes are often handled and heard by NSW Civil and Administrative Tribunal (formerly dealt with by the Retail Leases Division of the Administrative Decisions Tribunal).