conveyan icon white

RETAIL LEASING LAWYER SYDNEY

WE GET IT

Get the right advice to navigate the complex rules of retail leasing and ensure your business interests are protected.

The Ins and Outs of Retail Leasing

Are you considering leasing a retail property? Are you looking to get into a retail business? Are you confused by the process, obligations and responsibilities that will fall on your shoulders? 

When you decide to lease a retail property, you are signing yourself up for both a responsibility and a commitment. Yes, the rewards are considerable if the business you are choosing to run from that property is profitable and successful however, if your business falls short then the financial consequences could be substantial.

Table of Contents
    Add a header to begin generating the table of contents
    Retail Lease Lawyer

    Who do I speak to about leasing a retail or commercial property?

    Commercial leasing lawyers are your pivotal first stop when thinking about leasing a retail or commercial property. Retail leases, commercial leases, and any other type of lease document should be thoroughly vetted to ensure there are no ambiguous clauses, oppressive clauses or catch clauses within. For example, it is always important to consider the terms of the exit clause. If your business fails or you need to shut it down, are you able to get out of the lease or are you locked in for a period of time? Potentially, if you are locked in for three years and your business closes after one year, you will be responsible for leasing the building for an additional two years without any income being brought in from the business. Similarly, you should also consider any fees or additional expenses which need to be paid if you want to exit your lease early.

    Who do I speak to about leasing a retail or commercial property?

    Commercial leasing lawyers are your pivotal first stop when thinking about leasing a retail or commercial property. Retail leases, commercial leases, and any other type of lease document should be thoroughly vetted to ensure there are no ambiguous clauses, oppressive clauses or catch clauses within. For example, it is always important to consider the terms of the exit clause. If your business fails or you need to shut it down, are you able to get out of the lease or are you locked in for a period of time? Potentially, if you are locked in for three years and your business closes after one year, you will be responsible for leasing the building for an additional two years without any income being brought in from the business. Similarly, you should also consider any fees or additional expenses which need to be paid if you want to exit your lease early.

    Where do I look for more information about what is expected of me?

    The Retail Leases Act is the legislation you will look to for more information regarding your obligations and responsibilities as a lessee. You will also be able to see the corresponding obligations and responsibilities of the lessor. This will help you understand the ways in which you can and cannot be treated by your lessor and when you can tell if they have overstepped their bounds. 

    It is crucial however that you consider your options carefully before taking any issues further and seek legal advice before opening a door you cannot close.

     What should I be looking for in a lease agreement?

    Australian lease agreements should protect the interests of both parties. Lease disputes are most commonly found to arise in leases which favour one party to the contract and ignore or undermine the rights of the other party. For example, rent review is an incredibly important aspect of any lease agreement but it should look at protecting the interests of both the lessee and the lessor. The clause should include an option for rent increase after a period of time but perhaps to balance the interests of a long standing lessee it should include an option to lock in the rent price for a specified period of time.

    For small businesses particularly, the price of rent can make or break them so to speak given it is often one of the businesses most substantial expenses. If you are looking at leasing a space within a shopping mall, the competition can be high due to location and this can affect the rate at which rent increases.

    What are my options for negotiating my lease?

    Before you sign your lease, you have the option of engaging in lease negotiation. This may be done by way of dispute resolution as it is a cost effective way of discussing leasing matters. Dispute resolution is a form of mediation which usually involves both parties to the negotiation and their lawyers. It is a forum whereby each party puts forward their proposed terms of the lease with the intention of meeting somewhere in the middle of what both parties want. The most critical aspect of negotiation is to decide what terms are non-negotiable and which ones have room for negotiation. This way, you are aware of which part of your proposal has room for movement. 

    Engaging legal services to help you with this process will not only show that you are taking the situation seriously, but it will help you understand your obligations as a retail tenant.

    Commercial leasing in a retail shop setting creates tenancy obligations and responsibilities that should never be taken lightly. Seeking advice from a commercial lawyer and conveyancing firm will help you create an air tight lease agreement which serves your interests.

    Disclaimer

    The above is general legal information and should not be considered legal advice. You should speak with one of our conveyancing lawyers for legal advice tailored to your specific legal matter.

    Frequently Asked Questions.

    This depends on the seriousness of your traffic offence. If you have received a Court Appearance Notice (CAN), then you will have to go to the Local Court. If you are unsure, just contact us and we can check for you. We can also appear with you, to ensure your legal rights are protected.

    If your car or motorcycle was involved in any of the following offences, then the police do have grounds to either impound your vehicle, remove your number plates and attach a ‘number-plate confiscation notice’ and/or send you a ‘production notice’ requiring that you take the car to an impound or hand in your number plates.

    These are the sanctionable offences which they can perform the above:

    • some drink driving offences 

    • street racing

    • burnouts

    • a police pursuit

    • speeding by more than 45 km/h (does not include camera detected offences)

    • speeding by more than 30 km/h if you are a disqualified driver (does not include camera detected offences)

    The police can also take away your vehicle if you were convicted of drink driving in the last 5 years and now, caught with: 
     
    • mid-range Prescribed Concentration of Alcohol (a blood alcohol concentration of 0.08 or more but less than 0.15)

    • high-range Prescribed Concentration of Alcohol (a blood concentration of more than 0.15)

    • refusing to give a breath test or failing to provide a blood sample, when requesting by police.   

    No. If this has happened to you contact us immediately. The police can only impound or take the number plates of the car you are driving if you are the registered owner of the car.

    They may however send you a warning notice, and if your vehicle is involved in sanctionable offences in the next 5 years, the registration will be suspended for up to 3 months.

    If you have received a warning letter, contact us to look into a resolution especially if you had no involvement in the incident.

    Yes. We can help you put an application to the Court showing that you need to use the vehicle. The Court in turn will consider the following:

    • whether it is reasonably likely that the vehicle will be used to commit sanctionable offences again, or
    • any extreme hardship caused to someone other than the registered owner because the vehicle or number plates have been taken away.

    WE'RE IN IT TO WIN IT

    Book your free consultation

    Contact Us

    Jameson Law Offices

    Visit Our Office