Commercial & Retail Leasing Lawyers
Commercial and retail leases are important documents, setting out the rental terms and conditions for a business. If you’re a business owner operating from a leased property, it’s vital to understand your rights and ensure your lease conditions are favourable. For landlords, commercial lease lawyers can provide valuable assistance in setting out lease agreements to find terms that work best for you.
When it comes to lease agreements, the terms ‘commercial’ and ‘retail’ have specific meanings. Commercial leases generally refer to large business premises that don’t include sales, such as warehousing, while retail leases typically cover property used for the sale and supply of goods. Whether your circumstances are commercial or retail, and if you’re a tenant or landlord, we can provide valuable legal advice to ensure your agreement is working for you, not against you.
Do you need help understanding or setting the terms of a lease agreement, the types of commercial leases or feel that your agreement is unfavourable? Our team is here to help, so get in touch today at (03) 9600 0162, or email email@example.com.
Our Commercial Retail Leasing Services
Whatever the circumstances of your lease, having the expert opinion of experienced commercial and retail lease lawyers can be invaluable. Our team offers a broad spectrum of legal services tailored specifically to your needs.
If you’re a landlord, we can advise on issues including:
- The applicability of the Retail Lease Act 2003 on your agreement, and its effects on your property
- Your legal obligations
- Security, including bonds and deposits
- Your liability for property-related costs, including fit-out, maintenance and other outgoings
- Breaches and termination of agreements
- Purchasing commercial premises
- Understanding a commercial lease
If you are a tenant, our expert team can assist with the following:
- Your rights and obligations as set out in the lease agreement
- Calculating and setting rental costs
- Deposits and guarantees
- Renewal of the lease, including setting terms within the agreement
- Responsibility for outgoing costs
- Commercial lease transfer
Why Choose Lord Commercial Law
Lord Commercial Lawyers is a small business, and we put a great emphasis on forging quality relationships. Regardless of your circumstances, we endeavour to provide a level of genuine, personal care that larger firms are unable to offer. Led by the extensive experience of our director Andrew Lord, we at Lord Commercial Law always strive to provide a great outcome for our clients with a friendly, personable attitude.
Meet Our Lawyers
Our team is led by the expertise of our director, Andrew Lord. With over 30 years of experience practising law, Andrew has a wealth of knowledge to share. Capable of advising small, medium and multinational businesses, and with board-level experience at several companies, Andrew is well-placed to assist with every commercial and business law scenario. Andrew is ably supported by Patrick lafrate, a lawyer with an M&A and ASX compliance background and a great passion for helping clients navigate the complexities of commercial law. The Lord Commercial team also benefits from its passionate and knowledgeable managers and paralegals, each with a welcoming attitude and a desire to achieve the best outcomes for our clients.
Commercial Lawyers In Melbourne
If you require the advice of commercial and retail lawyers, or have any further questions related to commercial law, please contact us today. Our friendly, expert team is happy to assist.
Call on (03) 9600 0162, or email us at firstname.lastname@example.org. Alternatively, please feel free to visit our office during business hours. You’ll find us at Level 10, 167 Queen Street Melbourne.
A retail lease is a commercial lease that relates explicitly to premises used for retail purposes, typically it relates to shops, restaurants, or cafés although many other types of use are also classified as Retail leases. In Victoria, a retail lease is governed by the Retail Leases Act (Vic) 2003. A Retail Lease has specific features, including mandatory disclosure requirements, minimum lease terms, and other tenant protections.
Under the Retail Leases Act (Vic) 2003, a landlord is required to provide the tenant with a disclosure statement at least seven days before entering into a retail lease. The disclosure statement should contain important information, such as the rent, lease term, outgoings, and other essential lease terms. With shopping centres there are extra disclosure requirements. Failure to provide a proper disclosure statement may result in penalties, give the tenant the right to terminate the lease, or a landlord may be unable to recover all outgoings.
In general, a cannot be terminated by the landlord or tenant before the end of the term unless there are specific grounds for termination.
This is often an area of conflict between landlords and tenants. Both the landlord and tenant have rights and obligations concerning repairs and maintenance in the lease. While it will vary depending on the lease, in summary:
Landlord's rights and obligations:
- Duty to maintain the premises: The landlord must maintain in a reasonable condition the common areas of the premises, including any areas designated for the common use of tenants.
- Duty to keep premises fit for purpose: The landlord must ensure that the premises are maintained in a condition that makes them reasonably fit for the purpose.
- Duty to repair structural and essential services: Generally the landlord is responsible for repairing and maintaining the structural elements of the premises, such as the roof, walls, floors, and essential services such as plumbing, electrical, and gas installations.
Tenant's rights and obligations:
- Duty to keep premises clean and maintain fixtures: The tenant has the responsibility to keep the premises clean and maintain any fixtures provided by the landlord in good working order.
- Duty to report repairs: The tenant must promptly report any necessary repairs or maintenance issues to the landlord in writing.
- Duty to repair damage caused by tenant: The tenant is responsible for repairing damage caused by their actions or negligence or the actions or negligence of their employees or agents.
In general, any alterations or improvements to the leased premises should be agreed in writing between the landlord and tenant. Typically, major alterations will require landlord approval.
The ability to increase rent during the term depends on the lease terms. Generally, a rent increase can only occur if it is specifically provided for in the lease. Typically, rent is increased annually and, depending on the lease, will be increased by a fixed percentage, CPI, or market review.
Outgoings are the costs associated with operating and maintaining the premises, such as rates, taxes, insurance, and repairs. The rights and obligations of the landlord and tenant regarding outgoings should be clearly outlined in the lease agreement. In Victoria, the landlord is generally responsible for providing an annual statement of outgoings. If the lease is a Retail lease, the landlord can only recover certain outgoings.
A tenant generally has the right to assign or sublet a lease with the landlord's consent, which cannot be unreasonably withheld.