Leases - Commercial and retail shop leasing
AW Law Brisbane Lawyers act for a wide range of landlords and tenants of commercial premises and retail shops around Brisbane and Queensland.
Commercial leasing
It is important that clients contact your lawyer in relation to commercial leases before they enter any agreement relating to commercial premises and including, signing any agreement with an agent. Such agreements that can be called different names such as ‘Agreements to Lease’, ‘Lease Proposals’, ‘Offers to Lease’ or other names can in fact be binding agreements that mean that you can be forced to enter a lease based on those terms even though you have not signed a lease. As such, it is necessary at this early stage that you are happy with the basic terms included in that document, and just as importantly, consider whether there are others that should be agreed at that early stage.
Once the lease document is produced following the initial proposals, it is quite often too late to try and negotiate then. You could be held to an agreement as such which may be uncommercial or a deal that is not in your interests, either as lessor or lessee, to go ahead with. Due to the long periods of time that you can be bound by a lease and the financial consequences arising from this, it is essential to you and your business to get it right from the start and understand what you are signing and that you are entering an agreement that is right for your business.
We will help you as necessary with negotiating the agreement to lease, the lease itself, making relevant searches on title and ensure you are able to conduct the business, as lessee, from those premises depending on council planning requirements. We also will ensure that any plan required by a surveyor is obtained and that the lease is registered on the title with the Department of Natural Resources whenever the lease including any option periods add up to more than 3 years. This provides protection to all parties.
Retail shop leases
There is specific legislation that dictates a lot of matters that relate to retail shop leases in Queensland. We can assist you whether as landlord or tenant in making sure you meet your legislative responsibilities. As a landlord, we will assist you in the preparation of the lease, the disclosure requirements, extensions, variations and options, enforcement or rights, compliance with legislation and negotiating the lease terms.
For tenants we can advise you in relation to the disclosure documents, the draft lease given with those documents, provide the certificate of independent legal advice, negotiate the lease terms, assist with ensuring you meet time frames and requirements for exercising options and assigning leases. We can also advise you on your rights if matters go pear shaped and defend proceedings against you or prosecute if your rights have been breached.
AW Law also have significant experience in lease disputes including acting for lessors and lessees in courts for commercial disputes and in tribunals for leases under that fall under the ambit of the Retail Shop Leases Act. |
