Commercial Leasing Lawyers Perth and Western Australia

Engaging the services of a commercial leasing lawyer is a prudent measure that will likely benefit you in the long run. Advice in the beginning stages of commercial tenancy will help to avoid future lease disputes.

It’s helpful to seek legal advice in the following scenarios:

1. Before Entering a Lease Agreement: Before signing a lease for business premises, it’s smart to consult a lawyer to review the lease documents and negotiate the terms. This helps ensure that the lease, which is a legally binding contract, is in line with your goals and complies with the law. A commercial lawyer’s expertise is valuable in making sure your interests are protected in the agreement.
2. Lease Renewals and Extensions: When approaching the end of a commercial lease, parties should seek legal advice from commercial lease lawyers for renewals or extensions. This ensures securing the best deal with terms that align with your interests and are legally compliant.
3. Dispute Resolution: In cases of lease disputes with landlords or tenants over issues like rent, maintenance, or lease defaults in a commercial lease, it’s essential for both the landlord and tenant to seek legal advice. A lawyer will help you to understand your legal rights and responsibilities when a dispute arises, as well as provide representation and guidance through negotiations, mediation, or legal proceedings.
4. Early Termination: In cases where a landlord or tenant needs to terminate a commercial lease agreement before the end of its term, engaging a commercial lease lawyer is essential. A lawyer can guide you through the termination process whether you are the landlord or tenant, ensuring compliance with the agreement’s provisions and minimising potential liabilities.

In Western Australia, retail leases generally involve properties where goods or services are sold to consumers, while commercial leases encompass office spaces, industrial areas, or warehouses.

Any retail lease is governed by the Commercial Tenancy (Retail Shops) Agreements Act 1985, which provides more protections to tenants, such as limitations on certain costs passed on by landlords to tenants, and requirements for detailed disclosure documents about the property and lease.

Commercial leases do not offer these protections. In terms of cost, retail leases often have a different structure, which can be more tenant-friendly compared to commercial leases.

Before you go to sign a commercial lease, it’s critical to pay attention to several key aspects to ensure that the agreement aligns with your existing business needs and objectives and to avoid future disputes. Mistakes at the beginning could make or break your new business and lawyers can provide professional advice to avoid this.

1. Rent and Additional Costs: Understand not only the base rent but also any additional costs such as maintenance fees, utilities, and taxes that you may be responsible for.
2. Lease Term and Renewal Options: Consider the length of the lease and whether it offers options for renewal. Ensure that the term aligns with your business plan.
3. Permitted Use: Check the lease for any restrictions on the type of business activities allowed at the premises. Make sure that the permitted use clause accommodates your business needs.
4. Fit-Out and Alterations: Understand what alterations or fit-outs you are allowed to make to the premises, and who will bear the costs.
5. Maintenance and Repairs: Clarify which party is responsible for maintenance and repairs, including any common areas.
6. Rent Reviews: Pay attention to how and when the rent will be reviewed, and whether there are caps on increases.
7. Assignment and Subletting: Check if you have the flexibility to assign the lease or sublet the space to another party if needed.
8. Insurance and Liability: Understand the insurance requirements and your liability in the event of damage to the property or other issues.
9. Default and Termination Clauses: Be clear on the clauses that deal with what constitutes a default, and the rights and obligations of both parties in the event of early termination.

Considering the complexity and legal ramifications of a commercial lease, it’s advisable to consult a specialist commercial lease lawyer with expertise in property law to review the lease before signing. This helps to ensure that your interests are protected and that you have a clear understanding of your obligations and rights under the commercial lease agreement.