Retail and Commercial Tenancy Law

If you are contemplating leasing we can assist you with advice on:

  • whether your proposed business is permitted under the lease;
  • whether the Retail Tenancies Reform Act applies to the lease;
  • the rent provisions of your lease including adjustments and the basis or formula for review;
  • how to extend your lease and your rights to a statutory option for renewal;
  • what you have to do transfer your lease or give a sublease (which can be crucial to the value of your business);
  • whether the lease reflects the deal you have made with the owner;
  • whether any incentives the owner gives you involve payment of tax;
  • your insurance, maintenance and repair obligations;
  • special provisions that apply to a shopping centre;
  • your obligation to pay stamp duty;
  • whether a mortgagee's consent is required;
  • the terms of any personal guarantee;
  • how disputes between you and the owner will be dealt with;
  • whether the landlord's costs are reasonable and have to be paid by you.

If you are the owner of premises and wish to lease them we can assist you with compliance with legislation and the careful drafting of a suitable lease for your premises.