Commercial Lease Advisory

Our services in commercial leases are highly customer specific. Whether you are a landlord or a tenant we ensure that you agree on fair lease conditions with potential benefits during the lease terms. Our services do not only include drafting your lease, we are equipped with years of experience in providing broad and extensive legal advice on all lease related matters.

Lease agreement

What are commercial leases?

There are two types of commercial leases in Victoria, these are commercial tenancy leases and retail tenancy leases.

Retail tenancy leases govern premises that are open to the public to buy and sell goods.

Commercial tenancy leases are commonly premises located in industrial parks and are primarily used by businesses for “business to business” trading. In this situation, the interaction between the tenant and the public is very limited.

Retail tenancies are governed by the Retail Leases Act 2003 which imposes significant obligations on the landlord. Opposingly, commercial tenancies are not governed by any specific act, which allows the parties to negotiate their terms more freely.

For Tenants

Are you thinking about renting a commercial space in Victoria?

There are a variety of possible issues that can arise as a tenant getting into a new lease.  While it is simple to enter into a lease, our years of experience in lease disputes has shown us that leases are not always "tenant friendly", and that they frequently result in costly and unpleasant difficulties for tenants throughout or at the conclusion of a lease.

Before you sign the lease, you should have it reviewed by an expert commercial leasing lawyer. The lease and the location of your business can have a great impact on its viability, eventual success, and most importantly, the value of your business. At SettleHub, we have a wealth of information to assist our customers in making decisions regarding their commercial and retail leases, regardless of their level of experience.

Our firm provides legal advice on Victorian lease law, including the following:

  • Drafting of terms and conditions
  • Incentives
  • Advice on Stamp Duty and GST
  • Advice on Compliance
  • Advice on Breach of Contract
  • Re-entry and Lockouts
  • Lease Assignments or Variations
  • Environmental and Land Issues

Our expertise in preparing and negotiating leases allows us to provide quality assistance for leases including:

  • Retail leases
  • Wearhouse leases
  • Office leases
  • Factory leases

Our specialist lawyers have advised clients in a variety of businesses and on a wide range of property types. We can identify potential problems immediately and ask the right questions to put you in the best possible position when signing a new lease.

We can help you with your leasing needs, whether you need a new lease or are considering furthering your existing lease.

 

 

 

At SettleHub, we will provide you with high-quality advice and documentation. We understand the economic aspects, not just the legal concerns, and can offer a range of options to help you make the best decisions possible regarding your premises and leasing. 

 

 

 

Lease Document

For Landlords

We can advise you on a variety of leasing issues including:

  1. Disclosure requirements
    • When entering into or renewing a lease, a landlord must provide the tenant with a disclosure statement. This document summarizes crucial lease information so that the tenant may see the most important aspects of the lease at a glance.
       
  2. Building repairs & maintenance
    • A lease's maintenance and repair provision specify who is responsible for the work and costs associated with keeping the premises or equipment in good working condition. It also establishes who is liable for repairing damage caused by "normal wear and tear" as well as other sorts of harm, whether deliberate or unintentional. We can ensure that lease arrangements provide favourable terms for prompt repairs and avoid disputes with tenants.
  3. Outgoings
    • The recovery of costs from a tenant for expenses related to the operation and maintenance of a commercial property throughout the length of a lease are referred to as outgoings. We can provide tailored advice on which outgoings are recoverable in the particular lease.
  4. Termination of lease
    • At any moment, a landlord and a tenant can freely elect to discontinue a lease agreement. If you have a written lease, you must also have a documented lease termination procedure. 
       
  5. Subleasing or assignment of lease
    • An assignment occurs when a party's whole interest in a lease is transferred. When a renter assigns their lease, the assignee assumes the tenant's duties under the lease and communicates with the landlord directly. A sublet is the transfer of all or part of the premises for a period less than the lease term.
    • It is important as the landlord that you build in provisions to the lease to ensure that you retain some control over the tenants proposed assignments in the future. 

Do you need a new lease drafted for your property? Would you like to make changes to an existing lease nearing its end? We can help!

As a commercial property owner, it's critical that the lease you sign with your tenant prioritises your needs. We understand that the commercial lease impacts the value of your property and our extensive knowledge and business acumen will ensure that you are adequately protected as a landlord and you can be certain that the documentation will be well-drafted and suited to your specific property. It is important that lease documents clearly outline the leasing terms and conditions to protect your interests and avoid future uncertainty. 

FAQs on Commercial leasing

As a landlord, you must provide a Disclosure Notice in a prescribed format at least 7 days before the tenant enters into the lease.

  • The minimum period, including any options for renewal, is 5 years.

  • Where there is agreement between both parties, an application may be made to the Victorian Small Business Commission by the tenant to have this period shortened.

  • As there is no governing legislation for a commercial lease, the landlord may impose any terms it chooses on the tenant.

  • It is important that you carefully negotiate your rights prior to signing a commercial lease as you will not be able to claim protections from the law if something is not explicitly agreed between the parties and documented in the lease.