Ensure you have the advice and guidance you require to make intelligent choices for your business. Harbourside Legal provides comprehensive support for landlords and tenants across the Sydney area, providing the guidance and representation they need to achieve their goals and protect their business interests.
We add value to your business, giving you experience-backed advice and support to ensure you’re making the smartest, most profitable decisions for your company. Harbourside Legal retains the services of some of the most talented lawyers, helping you access the support you need for your commercial lease matter. Start a conversation with our team today to learn how we could help you make informed choices for your business.
Commercial Leases
A Commercial Lease is a specifically tailored , legally binding contract between the business owner and the landlord . The terms of the Lease are often negotiable with respect to rent, outgoings, term of lease, options to renew, fit-out periods and so on. The lease terms and conditions need to be carefully considered to ensure they suit the unique requirements of your business, once the document is signed and the Lease commences there will not be an opportunity to amend the agreement and any mistakes could severely affect your business.
The Harbourside Legal team supports Sydney business of all sizes in their commercial leasing matters. Whether you’re in the market to lease an office or are the owner of an industrial location, we want to assist you. We can support you at every step of the process, from negotiating the most favourable terms and conditions for your next lease, meaning you’re never in the dark about the options open to you and your business.
Retail Leases
Governed separately under the Retail Leases Act 1994, retail leasing is a related – but different – area of practice in which Harbourside Legal has extensive experience. We can assist you with drafting and negotiating the lease for landlords and reviewing, advising and negotiating leases on behalf of tenants. Where disputes over terms of the lease such as renewal, fit-outs or potential misrepresentation arise, our lease dispute lawyers can help both tenants and landlords reach a resolution that benefits them, ensuring that their interests are well represented.
Disclosure Statements
Before entering into a retail lease, you must receive a lessor’s disclosure statement. The disclosure statement is a document that summarizes the terms of the retail lease. This is an important step in the process as the contents should confirm what you have negotiated with the landlord such as the following;
- Rent and Outgoings that are payable.
- The Method and frequency of rental increases.
- Further costs associated with the lease
- The important causes in the Lease.
- Other issues that may be important such as demolition or Relocation clauses.
Once you receive the disclosure statement you should immediately contact your lawyer especially if there ar errors or items in it that you do not agree to or understand.
Important Considerations
Below are some basic items that you should consider and ensure that these are researched and negotiated before entering into a lease.
- Check that the length of the lease suits you and you business.
- Make sure you understand and agree to the base rent, annual increases and any outgoings that will be payable.
- Ensure that you can obtain the required licences and permits to run your business in that particular location.
- Make sure that you can fit out the premises as per the requirements of your business.
- Make sure the lease includes all of the areas you expect to use including bathrooms, parking areas and common areas.
- Ensure that you have the right to place signage on or around the premises.
Disputes
First, find your lease documents and immediately forward them to your lawyer to ensure that you have complied with the requirements and you are not in breach of any provisions.
Secondly, make sure that you don’t commit to any resolutions without obtaining legal advice as you may be agreeing to something that will cause further problems.
Then, obtain legal advice about negotiation, mediation, and court action.
For further information please see our page on dispute resolution.
Discuss your needs with us today
Based in the Sydney CBD, Harbourside Legal provides crucial support to businesses and landlords across the metropolitan area. We know that understanding your rights and responsibilities as a party to a lease can be difficult, so we pride ourselves on providing comprehensive answers to your questions, giving you the knowledge you need to achieve your goals.
Contact us today through our enquiry form or via email at admin@hslegal.com.au. You can also reach us at our office on 02 9955 6692.