City Legal Solicitors act and advise both lessees and lessors in many industries across Sydney with leases and sub-leases, focussing on achieving the best possible outcome.

We take the time to fully explain your lease so that you have a concise understanding on how certain terms may affect you or your company in the future. Understanding your lease provisions and their implications will minimize any uncertainty.

A lease gives a Company or business owner an exclusive right to occupy a premises and conduct operations from that premises. The most common types of leases are for:

• office space;
• retail outlet; and
• warehouse including factory

Our lawyers can assist you with:

• Preparation of leases;
• Disclosure compliance;
• Enforcement of landlords rights;
• Compliance with relevant legislation;
• Review & advice on lease terms;
• Certificates of independent legal advice;
• Lease term negotiations;
• Advice on the effect of landlord representations;
• Advice on stamp duty, registration and insurance obligations;
• Advice on sublease and assignment rights;
• Execution and exchange of lease documentation;
• Advice on lease re-negotiation and market rent reviews;
• Advice on option periods;
• Exercising options to renew;
• Advice on the effect of bank guarantees and Bonds;
• Advice on ongoing landlord and tenant obligations;
• Surrender of leases; and
• Lease disputes.
  
  

Retail leases

The Retail Leases Act 1994 (the Act) governs the relationship between a landlord and a tenant of a retail shop lease. However, the Act does not deal with every issue that may arise.

There is a requirement to issue Lessor's and Lessee?s Disclosure Statements or a party may terminate the lease within the first six months, by giving notice in writing.

A retail lease is to be for at least five years, unless a solicitor or conveyancer explains how the Act works and you give the landlord a Section 16 certificate.

Recent changes to the Act mean that a series of short-term leases (once the combined term is longer than 12 months) may give you the right to ask for a five-year retail shop lease.

A lease typically commences when both parties sign it. However, a lease is valid even if an agreement has not been signed, if:

• the tenant takes possession of the shop, or
• the tenant begins to pay rent.

The Act says that the Registrar of Retail Tenancy Disputes provides mediation services for disputes between the landlord and tenant of a retail shop lease.

The Registrar will use mediation to try and resolve the dispute. Mediation is an effective and cost efficient way of resolving disputes.

A neutral mediator helps both parties try to negotiate a solution. There is a cost for both landlord and tenant for using the services of a mediator.

Commercial and Industrial Leases

Commercial and industrial leases have no specific governing legislation, unlike retail leases under the Retail Leases Act 1994. However, in practice they are in substantially the same form as retail leases without those matters specific to shopping centres.

Likewise rural leases do not have extensive regulation (as is the case with residential and retail leases) with only a few issues relating to improvements regulated by The Agricultural Tenancies Act 1990.

It is important to note that these type of leases are not governed by the Retail Leases Act 1994 and a tenant can be required to pay a landlord?s legal costs.

Disputes

The Act says that the Registrar of Retail Tenancy Disputes provides mediation services for disputes between the landlord and tenant of a retail shop lease.

The Registrar will use mediation to try and resolve the dispute. Mediation is an effective and cost efficient way of resolving disputes.

A neutral mediator helps both parties try to negotiate a solution. There is a cost for both landlord and tenant for using the services of a mediator.

If mediation is not successful, the next step to resolve the dispute is to go the Tribunal. Unlike mediation, the Tribunal strictly focuses on legal matters and solutions. You can represent yourself at the Tribunal or engage a lawyer. If you want to represent yourself, get legal advice before the hearing so you know exactly how to put your arguments to the Tribunal and improve your chances. The monetary limit of the Tribunals jurisdiction is $400,000.


If you require friendly professional assistance regarding leasing, please contact us