Does my lease need to be registered?

In NSW, a lease for more than three years, including any option periods, should be registered on title. An unregistered lease may not bind a buyer or mortgagee of the property. We tell you whether yours needs registering and can lodge it.

Do I have to pay the landlord's legal costs?

For a retail lease in NSW, the landlord can't make the tenant pay its costs of preparing the lease. For other commercial leases it is a matter for negotiation, and many leases ask the tenant to pay.

What if the landlord sends me a breach notice?

Read it straight away and check the date it gives you to fix the breach. A notice that doesn't follow the Conveyancing Act may not support ending the lease, so get advice before you respond.

Commercial Lease Lawyers Sydney

Reviewing a lease under NSW law

Before you sign, we review the lease and send you written advice on what it means for your business. We check the rent and rent reviews, outgoings, make good, the personal guarantee, options and assignment, and tell you what to ask the landlord to change.

Preparing a lease in NSW

For landlords, we draft the lease from the agreed terms, with an incentive deed and registration documents where needed. If the premises are retail, we also prepare the disclosure statement.

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NSW law that applies to your lease

A lease of NSW premises is governed by NSW law, wherever the landlord or tenant is based. These are the rules that come up most.

Registration

NSW land is under the Torrens system, set out in the Real Property Act 1900. Leases are registered with NSW Land Registry Services. A lease longer than three years, counting options, should be registered so it binds a later owner or mortgagee. For a retail lease of more than three years (including options), or one the parties agreed to register, the landlord must lodge it for registration within 3 months after the tenant returns it signed. We can register the lease for you.

Breach notices

The Conveyancing Act 1919 limits how a landlord can end a lease for breach. For most breaches, the landlord must first give a written notice that sets out the breach and gives the tenant a reasonable time to fix it. A landlord who skips this step may not be able to rely on the termination. We prepare and answer breach notices.

Retail premises

If the premises are a retail shop, the Retail Leases Act 1994 (NSW) applies as well. The landlord must give a disclosure statement at least 7 days before the lease is signed, and any cash bond must be lodged with NSW Fair Trading within 20 business days. See retail leases in NSW for how the Act works.

Disputes

A retail lease dispute must go to mediation through the NSW Small Business Commissioner before it can go to NCAT, the NSW Civil and Administrative Tribunal. Other commercial lease disputes usually go to court, though mediation is still often the first step. We advise 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 before we start.
We send you written advice on the lease, or the lease documents ready to go to the other side.
Everyone signs electronically.

We act for businesses anywhere in Australia, all online.

Other lease services

Option to renew: exercising an option on time and in the form the lease requires.
Assignment of lease: transferring the lease when you sell or buy a business.
Deed of variation: changing the rent, term or premises in an existing lease.