Commercial Lease Lawyers Canberra
Commercial lease lawyers for Canberra businesses. We review leases for tenants and draft leases for landlords under ACT law, online and on a fixed fee.
- Fixed fee lease review.
- For landlords and tenants.
- Online, no need to come in.
Reviewing a lease on ACT leasehold land
We review the lease before you sign and send you written advice. We check the rent and rent reviews, outgoings, make good, the personal guarantee, options and assignment, and the permitted use against the Crown lease.
Leases that meet the ACT Act
For landlords, we draft the lease from the agreed terms and include what the ACT Act requires for the type of lease. If the Act covers the lease, that includes a disclosure statement.
How ACT law shapes a commercial lease
Leasehold land
There is no freehold land in the ACT. The owner of a building holds it under a Crown lease, and that lease has a purpose clause listing the uses allowed on the land. A business lease sits under the Crown lease, so your use must fit within its purpose clause. If it doesn’t, the owner may need to apply to vary the Crown lease, which takes time and can cost money. We check this as part of the lease advice.
Which leases the ACT Act covers
The ACT’s Leases (Commercial and Retail) Act 2001 reaches further than most states’ retail leases Acts, but it doesn’t cover every commercial lease. It applies to retail premises, small commercial premises (generally a lettable area of up to 300 square metres) and some other listed kinds of premises. Leases of less than 6 months are excluded. Where the Act applies, the landlord must give a disclosure statement at least 14 days before the lease is entered into. Some extra rules apply only in shopping centres. Whether the Act covers your lease depends on the premises and the business. For how retail leases work across Australia, see our retail lease lawyers page.
Registration
ACT land titles are registered with Access Canberra under the Land Titles Act 1925. A registered lease binds a later owner or mortgagee, so long leases and leases with options are usually registered. We can register the lease once it is signed.
Breaches and disputes
ACT property law requires a landlord to give notice of most breaches and time to fix them before ending the lease. Disputes under the Act are heard by the ACT Magistrates Court, which can refer the parties to mediation. We advise landlords and tenants on lease disputes.
How it works
- Enquire online and attach the lease, or the agreed terms if you are the landlord.
- We confirm the fee.
- You get our written advice, or the lease documents ready to send on.
- Everyone signs electronically.
We act for clients in every state and territory, all online.
Other lease services
- Option to renew: exercising an option in time.
- Assignment of lease: transferring the lease to a buyer of the business.
- Make good disputes: disagreements about the premises’ condition when the lease ends.
Questions
Something else? Enquire online or email us.
Why does the Crown lease matter to my business?
Land in the ACT is held under Crown leases, and each one has a purpose clause that limits how the land can be used. If your business isn't a permitted use, the landlord may need approval to change the purpose. Check this before you sign.
Does the ACT leases Act only cover shops?
No, but it doesn't cover every commercial lease either. The Leases (Commercial and Retail) Act 2001 applies to retail premises, small commercial premises (generally up to 300 square metres) and some other listed kinds of premises. Leases of less than 6 months are excluded. Larger offices usually fall outside it.
Where are lease disputes heard in the ACT?
Disputes under the Act go to the ACT Magistrates Court, whatever the amount claimed. The court can refer the parties to mediation. ACAT doesn't hear commercial or retail lease disputes.
Looking at a lease?
Send it to us online with a short note of the deal. We'll confirm the fee before we start.
- Fixed fees.
- Online, Australia-wide.
- Landlords and tenants.