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Commercial leases

Our legal experts can guide you through the conveyancing process for a commercial lease.

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Why choose us for a commercial lease?

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Simplicity in service

We demystify the conveyancing process for all our customers. Any roadblocks are identified and explained before lease signing. Commercial leases are simplified with an online service delivery.

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Online conveyancing for your business

We'll keep you informed with instant status updates on documents. Paperwork is transferred with ease thanks to our online platform. Enjoy our online conveyancing services from anywhere in Australia.

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Faster results

There's no need for time-consuming face-to-face meetings. Documents are sent and reviewed online for a faster turnaround. You'll enjoy faster response times with our online service delivery.

Our service includes

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A thorough assessment of all assets belonging to the business.
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All costs of the business are identified no matter how big or small.
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We thoroughly investigate the financial performance of the business.
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We provide you with legal advice on any issues identified with the lease.
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An inspection of the premises can be done before lease signing.
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An open communication channel is established between both parties.
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We provide instant updates on the progress of document signings.
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Bank details are confirmed with your financial institution.
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A disclosure statement is provided to the tenant.
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A final version of the commercial lease is signed.
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Settlement date confirmed with both parties involved.
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Authorities are notified of the new tenants moving in.
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What makes us different from the rest?

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The right accreditations

Conveyancing.com lawyers hold an accreditation in business law. Our experts have the right knowledge and experience to identify any issues with your commercial lease. A thorough investigation is conducted into the conditions of your lease to ensure you're getting what was promised to you before signing.

Legal advice every step of the way

Our conveyancers offer more than just transactional advice when you negotiate the terms of a commercial lease. With your best interests in mind, we take the time to identify and explain the steps involved in signing a lease and offer legal advice along the way for any issues identified.

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Your own dedicated team

When you enlist the services of Conveyancing.com you'll get a team of dedicated professionals on your side. Our experts will assist you with all aspects of a commercial lease including an inspection of the premises and a thorough review of all documentation.

Our process

Seek advice

Before signing a commercial lease, it's important to get professional advice so you'll understand the contract that defines the rights and responsibilities of each party. We can assist you and provide appropriate and helpful advice.

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Reviewing lease terms

One of the most important parts involved in negotiating a commercial lease is the duration of the lease. There will usually be a clause providing an opportunity to renew the lease. This renewal can be done between three and six months before the end of the lease.

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Rent rates and outgoings

The rent and any reviews of it are negotiated between the landlord and tenant. There are no regulations to specify rent or its rate of increase. The timing and basis of the reviews must be set out in the lease for each rent review period. These details should be clearly set out in a commercial lease contract.

The rent for a commercial lease may include outgoing costs such as water rates, land tax management fees, strata or other levies and council tax. We can help you prepare a lease document which identifies the type of outgoings for which you will be liable.

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The bond

There are no legislative requirements for a bond under a commercial lease. These are usually in the form of a bank guarantee or cash deposit. The lease must specify when the bond will be returned to the tenant after the lease has ended and under what circumstances the landlord can withhold funds from the bond.

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Identifying fixtures

Tenants generally pay for the cost of installation of shop fixtures and fittings unless otherwise agreed. After the lease ends, tenants are generally responsible for removing the fit-out and returning the premises to the condition it was in before the lease began.

A commercial lease should contain an inventory of the landlord’s fixtures and fittings. It should also outline your right to install and remove fixtures.

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Repairs and maintenance

A commercial lease should clearly explain what repairs and maintenance are the responsibility of the tenant. It should also outline the landlord’s obligations, such as the roof, common areas like gardens and hallways as well as air-conditioning.

The tenant is often responsible for general repairs and maintenance. A commercial lease should set out the nature, extent and timing of the refurbishment.

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Conveyancing.com vs competitors

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Qualification

Conveyancing.com lawyers hold accreditations in business and property law.

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Legal protection

Legal advice is provided every step of the way during the conveyancing process.

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Service delivery

Our service solely relies on online interactions with no face-to-face meetings required.

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Relevant experience

We've represented a diverse range of clients in the past with various businesses and franchises.

Competitors

Qualification

Conveyancers with a diploma in conveyancing and no other qualifications.

Legal protection

During negotiations, Conveyancers are not permitted to give you legal advice.

Service delivery

A heavy reliance on face-to-face meetings that make the conveyancing process more time consuming.

Relevant experience

A limited scope of experience and expertise with certain business types.

Accreditations & Affiliations

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Answers to your questions on buying

What should I be aware of before entering a lease?

Before entering into any contractual leasing arrangement, you should understand your rights, responsibilities and expectations. If unsure, seek legal advice. The lease usually defines:

  • The lettable area by describing it, and usually includes a plan where possible;
  • Annual rent and outgoings;
  • The date and method of rent reviews;
  • Each parties’ rights;
  • Each parties’ obligations and liabilities;
  • Conditions which apply to the use of the lettable area, e.g. rent and how long the tenant can occupy that area.
Who determines the rent for a retail lease?

For new retail premises, the landlord and prospective tenant will negotiate the rent and decide upon the figure.

For existing leases, rent will be determined by the rent review provisions in the lease as well as specifications in the lease.

If renewing a lease, the lease document usually provides for a market review of the rent to determine the value. In this case, a range of factors are considered, for example, the location, size and condition of the premises.

Who is responsible for maintenance and repairs?

The tenant is generally responsible for keeping the premises clean and in good order. Subject to ‘fair wear and tear’, the premises must be kept in the same condition as when the lease begins. This includes:

  • Plant and/or equipment in the premises;
  • Appliances, fixtures or fittings related to services e.g. gas, electricity, water or drainage; and
  • Plate glass.

The landlord is normally responsible for maintaining and replacing fixtures of a structural nature unless such repair is required due to the negligent act or failure to act by the tenant or due to its specific use of the premises.

Can a lease be transferred to another party?

A transfer or assignment document must be prepared and signed by all parties involved. However, when a lease is assigned or transferred to another party, the Retail and Commercial Lease Act sets strict guidelines that must be followed. The continuing liability of a tenant who assigns a lease is limited to a maximum period of two years but only if the guidelines are followed.

What happens at the end of a lease?

If no option exists, the landlord must notify the tenant in writing within 6-12 months of the lease expiry whether the landlord will offer a lease renewal or not, and if so, the terms of any renewal.

If an option exists, the landlord must notify the tenant of the last date the tenant can exercise the option, 6-12 months before that date. An option may not be actionable by the tenant if they have not remedied any notified lease default or have persistently defaulted throughout the term of the lease.

If an option is exercised or the lease is to be renewed, the landlord must provide a disclosure statement at least 21 days prior to the end of the lease. The landlord must return the security deposit plus interest as soon as practicable after the lease ends, provided the tenant has performed all of its obligations under the lease.

Get the right legal advice before you sign a lease.

Ask one of our property lawyers.

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