Commercial Leasing

With years of experience in Commercial Leasing, we can provide legal advice for you as either a Landlord or Tenant.

A Commercial Lease is a contractual agreement allowing a Tenant to have exclusive use of the Landlord’s Premises to operate their business.

Entering into a Commercial Lease is a significant business decision which has long-term exposure to personal liability and financial risk. Drafting and/or reviewing a Commercial Lease requires careful consideration of its terms to ensure that all rights and obligations between the Landlord and Tenant are carefully set out and clearly understood.

A Retail Lease is a type of Commercial Lease used for retail shop businesses that are set out in legislation. These Leases attract additional protections, predominantly for the Tenant.

If you are thinking of entering into a Commercial Lease, we are experienced in handling Commercial Lease negotiations on both the Tenant’s and Landlord’s side.


Key Considerations When Negotiating a Commercial Lease

  • The Term (length) of the Lease plus any Options to Renew
  • Cost of the Rent, including the method for annual increases
  • Outgoings and Operating Expenses
  • Fit-out obligations
  • Obligations & Rights of both parties including Right of Landlord to Enter Premises, Maintenance & Repair Responsibilities.
  • The Security Deposit (Bond) including How Much and Conditions of Return
  • Refurbishment obligations throughout the Lease and any ‘Make Good’ obligations at the end of the Lease

Frequently Asked Questions

A Lease is usually drafted by the Landlord’s Solicitor.  Before you sign the Lease, you have the opportunity to review and negotiate the terms of the Lease to reach an agreement that meets the needs of both parties.

Leases are complex and rent can be one of your businesses biggest expenses so before you sign on that dotted line, we recommend that you get professional advice from a lawyer.

A Retail Lease is a type of Commercial Lease but for Retail Shop Businesses.  Retail leases have different regulations to a Commercial Lease.

The legislation that governs the rules of retail leases in NSW is the Retail Leases Act 1994.  It covers matters such as rent, outgoings and the landlord and tenant’s rights and obligations.

Whether you’re a landlord or tenant, when negotiating the terms of your lease, you need to be aware of whether the lease is regulated by the Retail Leases Act.

While we are based in the NSW’s Southern Highlands, we can assist with Commercial leasing contracts for you as a landlord or a commercial or retail tenant. We’ve assisted clients in Mittagong, Bowral, Moss Vale through to Picton, Cambden and Campbelltown and right up through Sydney. Contact us today for more information.

Transact Law's Felicity Hughes

Need Help with a Commercial Lease?

We're ready to assist you as a Landlord or Tenant.