Is there a minimum lease term in WA?

Not as such. For a retail shop lease of more than 6 months but less than 5 years, the Act generally gives the tenant an option to renew so the total term, including options, can reach five years. There are exceptions, so check before you agree to a shorter term. Non-retail commercial leases have no minimum term.

Who handles retail lease disputes in WA?

The Small Business Development Corporation offers dispute resolution, usually as the first step. If the dispute isn't resolved, the State Administrative Tribunal can hear claims under the Act.

Do I need to register my lease with Landgate?

It isn't always required, but registration means the lease binds a later owner or mortgagee. For a long lease, or one with options, registration is usually worth it.

Commercial Lease Lawyers Perth

What we check in a WA lease

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 flag the terms to negotiate.

Drafting for WA landlords

We draft the lease from the agreed terms, with an incentive deed and Landgate registration documents where needed. For retail shops we also prepare the disclosure statement.

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How Western Australian law applies

Retail shops

Western Australia regulates retail shop leases under the Commercial Tenancy (Retail Shops) Agreements Act 1985. If your premises are a retail shop, the Act:

requires the landlord to give a disclosure statement and the proposed lease before the tenant signs
generally gives the tenant an option to renew so the total term, including options, can reach five years, with some exceptions
limits what outgoings the landlord can recover and how rent can be reviewed
sets a process for assigning the lease when a business is sold

Large premises and some tenants, such as listed public companies, are excluded. See retail leases in WA for how the Act works.

Non-retail leases

Offices, warehouses and industrial premises usually fall outside the Act, so the lease itself sets most of your rights. The Property Law Act 1969 still applies. Before ending a lease for most breaches, the landlord must give a notice setting out the breach and time to fix it. We prepare and answer breach notices.

Registration

WA land is under the Transfer of Land Act 1893 and is registered with Landgate. A registered lease binds a later owner or mortgagee, which matters most for long leases and leases with options. We can register the lease once it is signed.

Disputes

For retail shop leases, the Small Business Development Corporation offers mediation and other dispute help. Claims under the Act can go to the State Administrative Tribunal. Disputes under other leases usually go to court. We advise both landlords and tenants on lease disputes.

How it works

Enquire online and send us the lease, or the agreed terms if you are the landlord.
We confirm the fee.
We send you written advice, or the lease ready to go to the other side.
Everyone signs electronically.

The whole process is online, wherever you are.

Other lease services

Option to renew: giving notice correctly and on time.
Assignment of lease: transferring the lease to a buyer.
Deed of surrender: ending a lease early by agreement.