Commercial Lease Lawyers

Commercial Lease Review

Before you sign, have a commercial lease lawyer read the whole lease. We review the lease and the documents that come with it, then tell you in writing what you are agreeing to and what to ask the landlord to change.

What we check

• Rent and rent reviews. The starting rent, how and when it goes up (fixed, CPI or market), and whether a review can only go up.
• Outgoings. Which costs you pay in addition to rent, how they are shared, and whether there is an estimate or cap.
• Make good. What you must do to the premises when the lease ends, and whether the landlord can ask for money instead.
• Personal guarantee and security. Who is guaranteeing the lease, for how much, and the bond or bank guarantee.
• Options to renew. How many, for how long, and the dates and conditions for exercising them.
• Assignment. Whether you can transfer the lease if you sell the business, and whether you and your guarantors are released.

We also look at the permitted use, repairs, the landlord’s rights to relocate you or end the lease early, and anything unusual for your type of premises.

What you get back

You get written advice in plain English. It sets out the key terms, the clauses that put cost or risk on you, and the changes we suggest you ask for. We answer your questions about it. If you want us to negotiate the changes with the landlord or their lawyer, we confirm the fee for that first.

We generally send the advice within 24–72 hours of receiving the lease. If you have a signing deadline, tell us when you enquire.

How much does a lease review cost?

We confirm the fee for a lease review in writing before we start.

Send us your lease

Commercial Lease Drafting

If you are the landlord, we prepare the lease from the terms you have agreed with the tenant. Send us the signed offer, heads of agreement or a short note of the deal.

What’s included

• The lease. Rent, reviews, outgoings, term, options, security, make good and the permitted use, written for your premises.
• A disclosure statement, where the state’s law requires one for your premises.
• An incentive deed, if you are giving rent-free time, a rent reduction or a fitout contribution.
• Registration on title, where the lease needs it.

We also tell you if your mortgagee needs to consent to the lease and whether guarantors should sign.

We generally send a first draft within 24–72 hours of receiving the agreed terms.

Can I use a template?

You can, and some landlords do. A template is written for no one in particular. It may not match the deal you agreed, deal properly with outgoings and GST, or follow your state’s law. Those gaps usually come to light only when there is a dispute, when they cost more to fix. If you start from a template, have it checked before the tenant signs.

Enquire about lease drafting

Fixed fees

We work on fixed fees, not hourly rates. Tell us what you need and we confirm our fee in writing before we start. We also tell you about any government or third-party costs we expect, such as registration fees. That covers:

• commercial lease review and commercial lease drafting
• exercising an option to renew
• deeds of variation and deeds of surrender
• assignment of lease
• lease registration
• breach notices, and initial advice on lease disputes and make good disputes

Ask about our fee

How it works

1. Enquire online. Tell us whether you are the landlord or the tenant, and send the lease, offer or heads of agreement.
2. We confirm the fee.
3. For a review, we send written advice on the lease. For drafting, we send the draft lease and supporting documents.
4. We answer your questions and work through any changes the other side asks for.
5. Everyone signs electronically. If the lease needs registering, we arrange it.

There is no need to come in. Everything is done online.

Other lease services

Option to renew

An option has to be exercised in the window and the way the lease sets out. A late or defective notice can lose you the option. We check you can exercise it and prepare the notice, or advise a landlord who has received one. Option to renew lawyers

Deed of variation

A deed of variation changes part of an existing lease, such as the rent, term or premises, and leaves the rest in place. We prepare the deed or check one you have been sent. Deed of variation of lease

Assignment of lease

Selling a business usually means transferring the lease to the buyer, and that needs the landlord’s consent. We act for the outgoing tenant, the incoming tenant or the landlord, including on the release of guarantors. Assignment of lease lawyers

Deed of surrender

A deed of surrender ends a lease early by agreement. It deals with rent owing, the bond, make good and the release of the landlord, the tenant and the guarantors. Deed of surrender of lease

Lease registration

Depending on the state and the length of the term, registering a lease on title can matter if the landlord sells or a mortgagee takes possession. We tell you whether yours should be registered and lodge it. Register a commercial lease

Lease disputes

Disputes over rent, outgoings, repairs or an early exit usually turn on the lease wording. We advise on where you stand and the next step, from a letter to mediation. Commercial lease dispute lawyers

Breach notices

Before a landlord can end a lease for most breaches, the law usually requires a written notice and time to fix the breach. A defective notice can be invalid. We prepare notices for landlords and advise tenants who receive one. Commercial lease breach notice

Make good disputes

At the end of a lease, landlords and tenants often disagree on what make good requires and what it should cost. We look at the clause, the evidence of the starting condition and the claim. Make good dispute lawyers

Enquire Online