A retail lease is any agreement granting for value a right of occupation of a premises for use as a retail shop irrespective of whether the right to occupy is exclusive, whether the agreement is express or implied, or whether the agreement is oral or in writing. A ‘retail shop’ is a premises used wholly […]
Whether you are a landlord or a tenant trying to run your business from leased premises, it’s important to have a clear and comprehensive document that sets out everyone’s rights and responsibilities. In addition to having everything in writing, it is important to also obtain sound legal advice when it comes to understanding the rights and […]
Options to renew that arise under commercial leases are far too often not exercised properly, lapse and therefore are null/void. An option to renew is a clause that is contained in some Leases and is negotiated when entering into the initial Leasing agreement between the parties. An option to renew allows the Tenant to renew […]
Asking Retail Tenants to Leave No one likes a houseguest that doesn’t know when to leave, and neither does a landlord in a Retail Lease. The Lease: What it Does and Doesn’t Say Whether you are a landlord or a tenant trying to run your business from leased premises, it’s important to have a clear […]
The property and conveyancing sectors have substantially changed over the past few years. Not only has technology altered the way in which such transactions are conducted, these matters are now effectively instantaneous, with additional safeguards and further requirements necessary in order for parties to engage with such forums. In recent times, PEXA has brought about […]
Stamp duty can be a difficult concept to understand and is particularly challenging when parties are considering whether this is payable across NSW in relation to various commercial leases. It is important that thorough consideration is afforded to this area of law to ensure that no unwarranted penalties are incurred throughout or after the leasing […]
As a tenant when negotiating the terms of a commercial lease one of the most valuable things to obtain is what is called an “option”. An option is a term in a commercial or retail lease that permits a tenant to renew their lease at the end of the initial lease period for a further […]
Following on from one of the worst fire seasons in living memory many Australians have at the front of their minds the issue of fire safety. Often (and rightfully) this is in the context of what can one do as a home owner to better protect their home and loved ones. But the tragedy of […]
It is important for all parties to understand their obligations before entering into a lease. The Retail Leases Act 1994 (NSW) seeks to ensure that the important information is at hand before entering into a retail lease. Generally, a lease will fall within the definition of a Retail Lease for the purposes of the Act […]
A recent decision of the Supreme Court of NSW in respect of a Lease highlights once again the necessity to ensure that in any negotiations enquiries are made and satisfactory responses received to ensure that the party with whom you are dealing has authority to enter into and conclude negotiations. In the case in question […]







