The Importance Registering your Commercial Property Lease in Australia In certain states of Australia, it is a legal requirement for a commercial lease to be registered if the term exceeds 3 years (including the option periods). Even in states that do not specifically require the lease to be registered, we recommend that you do so. […]

The two main types of co-ownership in Australia are:- Tenants in common; or Joint tenants. When you purchase a property with someone else, you can nominate how your interest in the property will be held: either as joint tenants or tenants in common. This will be recorded on the Certificate of Title. Whether you elect […]

From a landlord’s perspective, rent reviews are an essential component of a commercial lease. Reviewing the rent at specified intervals ensures that the rent keeps pace with current market rates. Rent reviews may be self-executing and provide for a fixed increase, Consumer Price Index (CPI) review or a fixed percentage increase – or contain mechanisms […]

When negotiating a lease, it’s unlikely you and your potential tenant will have the same priorities. But because a good quality lease depends on a harmonious relationship between you and your tenant, it’s in your best interests to compromise. This is particularly important during the negotiation of lease terms. Short term versus long term – […]

Are you thinking of renting out a room, clinic or office? You may not need a full Retail or Commercial Lease to cover your arrangement because a Shared Office Space or Licence Agreement may suit your needs. A licence generally does not give the licencee (the person you are licensing the space to) exclusive possession […]

In this economic climate, it is not a far stretch to imagine commercial businesses in the unfortunate position of having to end or break a lease early. In this article, we consider the ways a tenant may be able to exit a Lease in a commercial setting. When can a lease be broken? There are […]

Potentially beneficial to both tenant and landlord, option clauses are standard inclusions in most commercial leases. But knowing what to include in that clause can be difficult. In this post we break down how an option operates, and how to draft yours to maximise your future security. What is an optional term? An option is […]

Signing a commercial lease can have serious legal and financial implications for your business. Here are eight key elements you should consider before signing yours. Permitted use Not all commercial property leases contain a permitted use clause. However, if there is one in your contract, you should negotiate it as broadly as possible. This not […]

Sometimes when a commercial lease is terminated, the landlord has to deal with goods that have been left on the premises by the tenant. The question will then arise as to how to rightfully dispose of those goods without incurring any liability to the tenant. Look to the lease Your lease might include provisions dealing […]

What is a security deposit (or bond)? A deposit is a sum of money paid by the tenant to secure the tenant’s obligations under the lease. Why should I take a security deposit? If your tenant fails to pay the rent or breaches the lease in another way (such as by damaging the premises), then […]