Lessor and Lessee Objectives in a Commercial Lease or Retail Shop Lease

COMMERCIAL LEASING

The lease agreement and relationship between Lessor and Lessee is an essential part of everyday commercial business in Australia.

We provide leading-edge legal services in relation to all aspects of commercial property leasing including:

• Commercial Building and Office Leases;

• Retail Shop Leases;

• Industrial and warehouse Leases; and

• Shopping Centres.

LESSORS

The Lessor’s real property is a performing asset that requires the security of protection and continuance as a performing asset.

Our services to Lessors include:

• Drafting and negotiating lease terms particular to their requirements and specifications;

• Rent and outgoings recovery and identification;

• Defaulting Lessee breaches;

• Legislative compliance;

• Termination of Lease;

• Renewal of Lease;

• Lease litigation;

• Negotiating Right of Entry documents in transactions involving the Lessees financier; and

• Negotiating Right of Entry documents in transactions involving the Franchisor if the Lessee is a Franchisee.

LESSEES

It is essential for the success of a Lessee’s business that the Lessee has security of tenure and the right to conduct its business from the premises free from interference by the Lessor.

It is not unusual for lease terms including options to extend into multiple decades so it is prudent for the Lessee to be well represented on all aspects involving the Lease.

A Lessee will want to ensure:

  • that the Agreement properly reflects their understanding of the undertaking and their obligations;

  • they understand all of the costs associated with operation of the Lease including the right of the Lessor to increase rent and outgoings and other charges and or demand upgrades;

  • they are aware of the risks in the Lease Agreement and if not satisfied, seek to negotiate more favourable terms;

  • they understand the business risks involved including the taking of independent financial and accounting advice as well as consideration of the best tax structure;

  • they are aware of the maintenance and repair obligations under the Lease; and

  • they have a right of transfer/sale and that there are sufficient options in the lease to sell the business.

Contact Evan Sarinas Sarinas Legal esarinas@sarinaslegal.com.au 07 4724 2969 669 Flinders Street Townsville QLD 4810 Lawyers Townsville

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