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Retail and Commercial Lease Lawyers


Retail and Commercial Lease Lawyers

As an expert retail and commercial lease lawyers, we act for both landlords and tenants in the often complex administration of retail leases and commercial leases.

How We Help Commercial Landlords and Business Owners

A commercial or retail lease is far more complex than a residential lease. It is extremely important to have the terms and conditions reviewed by a commercial lease lawyers to ensure they match your needs and expectations and, most of all, your business.

Leases can have the potential to have a negative impact on your business, particularly cash flow or insurances, at a later stage.

Let us help you by:

  • Advising You Of The Difference Between A Commercial And Retail Lease
  • Clarifying The Obligations Of Landlords And Tenants
  • Preparing A Retail Or Commercial Lease On Your Behalf
  • Acting For Tenant/s In Regard To Negotiation Of Terms And Signing Of The Lease.

The most common questions asked of a commercial lease lawyers:

What is a retail lease?

A retail lease is a lease for a premises which is business in nature and permitted to sell goods. Generally, a premises in a shopping centre, being a collection of five shops or more, which is primarily used for selling goods or services, is a retail premises subject to specific retail leasing legislation. It is important to know whether your lease is retail in nature, as the landlord will be obligated to adhere to additional legislative requirements.

What is a commercial lease?

A commercial lease is typically a lease for a premises which is engaged in the activity of buying and selling, particularly on a large scale, such as an industrial site, warehouse or an office with no retail activity. The distinction between commercial leases and retail leases is the use of the premises and whether there is any buying and selling to take place at the premises. The distinction between retail and commercial leases is blurred when it comes to services and the test relies heavily on whether the location of the premises is in a shopping centre or not.

What are the key differences between a retail lease and a commercial lease?

While retail and commercial leases are similar, there are very distinct legal differences. Legislation governing retail leases is significantly more onerous on a landlord than that governing a commercial lease. The three primary differences:

  • Retail Leases Impose An Obligation Upon A Landlord To Provide A Tenant With A Disclosure Statement At Least Seven Days Prior To Entering Into A Lease, And Failure To Do So Gives Rise To A Right Of Termination To The Tenant
  • Retail Leases Have Additional Unconscionable Conduct And Misleading Or Deceptive Conduct Protections – And
  • Legislation Governing Retail Leases Prohibits Landlords From Charging Tenants For The Landlord’s Legal Fees Associated With Preparation Of The Lease Or Mortgagee Consent.

What is a security deposit?

A security deposit is a sum, commonly in the form of actual money and equivalent to one or two months rent, that the tenant agrees to provide to the landlord as a way to secure the tenant’s performance of their obligations under the lease. The legislation for a retail lease requires the landlord to lodge any security deposit with the Director-General of the Department of State and Regional Development. However, the landlord for a commercial lease is under no such obligation and may deal with the security deposit as they see fit provided it is paid in part or in full if required under the lease.

Do you have further questions?

Would you like to know more about how an expert retail and commercial lease lawyers can provide professional guidance, so you can make informed decisions about your lease? We are based in Newcastle, providing advice on matters based in New South Wales and Queensland to clients around Australia and across the world.