Commercial, Retail & Industrial Leasing

Commercial Leasing Lawyers

Non-residential leasing can vary from being quite simple to a fairly complex area of law, which is why we recommend getting legal advice and representation at the very outset.

Non-residential leasing can include commercial or industrial leases, retail leases and licensing of real property.  

Negotiating the terms of a non-residential lease, such as the duration, exclusive use, and costs can be a daunting experience for both the tenant and landlord. Our experienced Sydney commercial lawyers can help you navigate leasing, providing proactive and holistic advice to ensure that your best interests are protected and you do not agree to any unfavourable terms of a tease that may put you or your business at a disadvantage.

Dfferent Types of Non-Residential Leases

At Ivy Law Group, our commercial lawyers can assist with different types of leasing arrangements. We can help you negotiate the terms of the lease and ensure that both parties are able to meet their obligations under the lease. The leasing arrangements we can assist with, include:   

  • Commercial or industrial leases, which are entered into between the lessor (landlord), the lessee (tenant) and sometimes, guarantors providing personal guarantees on behalf of the tenant, for the purposes of the tenant occupying a commercial or an industrial property. Leasing a commercial premise will generally carry with it a series of additional obligations, which each party must be clear on prior to signing the agreement (lease). The terms of a commercial lease will generally change from agreement to agreement and can be impacted by factors such as size of the premises, rent, demand for the premise, and market demand.

  • Retail leases, which in NSW are regulated by the Retail Leases Act 1994 (NSW), however each state has its own respective legislation regulating retail leases. Retail leases only apply to premises with a lettable square meterage that is 1000 or less and businesses operating a retail shop business. Unlike commercial leases, retail leases are strictly governed by the Retail Leases Act and carry additional obligations imposed on landlords, such as obligations of disclosure, as well as greater protections for tenants. Schedule 1 of the Retail Leases Act defines what constitutes a retail shop business. If your business is not defined under Schedule 1 then it is unlikely to be a retail lease and you should obtain legal advice for clarity.

  • Licensing of real property, which is generally preferred when a business requires a flexible, temporary, or short-term retailing premise. However, it usually imposes greater implications for the tenant such as the amount of rent, outgoings, repairs and maintenance.

  • General commercial and retail leasing advice, including: assignment, variation, novation or surrendering of leases; negotiating with and drafting lease agreements; registering leases with the relevant State land titles office (such as NSW Land and Registry Services); understanding and providing advice on duties imposed on landlords and tenants pursuant to the relevant lease; enforcement of lease terms when breached; disputes between landlords and tenants; and subleasing a currently leased premise.

Useful links:

Retail Leases Act 1994 (NSW)

How can Ivy Law Group help?

If you would like assistance negotiating a non-residential lease including a commercial, industrial or retail lease, or require general leasing advice, get in touch with our Sydney commercial lawyers for a confidential discussion on 02 9262 4003 or submit an online enquiry to get started.

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