Commercial and retail lease lawyer
Make good is usually the most expensive clause in a lease. Options are lost by a day. Outgoings are agreed without anyone asking for last year's actual figures.
What we do here
- Reviewing a lease before you sign
- Retail leases under the Retail Leases Act 1994 (NSW)
- Landlords drafting a registrable lease
- Exercising or missing an option
- Assignments, surrenders and make good
What it costs
Lease work is a fixed fee per document. What it comes to depends on whether the Retail Leases Act applies, because that changes how much of the document is actually negotiable. If the premises are used wholly or predominantly for a listed retail business, or sit in a retail shopping centre, the Retail Leases Act 1994 (NSW) applies and overrides inconsistent lease terms.
Indicative ranges for common matters, including GST, disbursements extra. Your fee is confirmed in writing before work begins. Full list for this area.
Questions people ask
The schedule to the Act settles it, not what the shopfront looks like. If it applies, the landlord must give you a disclosure statement before the lease is entered into, and terms inconsistent with the Act do not bind you.
Under a retail lease, yes, but s 26 limits recovery to what would be assessed if the leased land were the only land the lessor owned. Capital costs are not recoverable at all under s 23.
Usually yes, with the landlord's consent, and under a retail lease the grounds for refusing are limited to things like a change of use or an assignee with weaker finances. Follow the procedure in the Act, because a release for you and your guarantor depends on it having been followed.
Guides on this
What's happened?
Not sure where you stand?
The assistant works out the area of law and whether a time limit is running, then sends it to the solicitor the same day.