Leasing Lawyers
Whether you are a landlord or tenant, entering into a lease is an important commercial decision. A well-drafted lease can provide certainty, protect your interests and help avoid costly disputes down the track.
Our Property Lawyers advise landlords and tenants in relation to residential, commercial, retail, industrial and farming land leases. We provide practical advice across all stages of the leasing process, from negotiating lease terms through to renewal, termination and dispute resolution.
Lease Preparation and Negotiation
The terms of a lease can have long-term legal and financial consequences for both landlords and tenants.
We assist with the preparation, review and negotiation of lease documentation, helping ensure the agreement reflects the parties' intentions and adequately protects their interests.
Our team advises on:
- Agreements for lease,
- Commercial, retail and industrial leases,
- Farming and rural leases,
- Lease negotiations,
- Rights and obligations of landlords and tenants.
Retail Leasing and Disclosure Requirements
Retail leasing is subject to specific legal requirements and disclosure obligations.
Whether you are a landlord leasing retail premises or a business entering into a retail lease, it is important to understand your rights and obligations before signing any documentation.
We assist clients with retail leasing matters, including lease negotiations, disclosure requirements and ongoing compliance issues.
Lease Renewals and Options
Many leases contain options to renew or provisions relating to future occupancy.
Understanding renewal rights and the processes that apply can help avoid disputes and provide certainty regarding the ongoing use of a property.
We advise landlords and tenants on lease renewals, exercising options and negotiating new lease terms.
Fixtures, Improvements and Make Good Obligations
Disputes often arise regarding fixtures, fit-outs, improvements and make good obligations at the end of a lease.
Understanding what must be removed, repaired or reinstated can have significant financial implications for both parties.
We provide advice on:
- Tenant fit-outs and improvements,
- Landlord and tenant fixtures,
- Make good obligations,
- End-of-lease requirements,
- Disputes relating to premises condition.
Lease Breaches, Termination and Surrender
Disputes may arise where one party fails to comply with their lease obligations.
Whether the issue involves unpaid rent, property damage, unauthorised use of the premises or another breach, it is important to understand the available remedies and the correct processes that must be followed.
We assist with:
- Breaches of lease,
- Default notices,
- Remedies available to landlords and tenants,
- Lease termination,
- Surrender of leases,
- Negotiated dispute resolution.
Leasing Disputes and VCAT Applications
Leasing disputes can disrupt businesses, impact commercial relationships and lead to significant costs if not managed effectively.
Our Property Lawyers provide practical advice and representation in leasing disputes, including matters involving lease interpretation, breaches, termination and occupancy issues.
We also assist clients with VCAT applications and other leasing-related dispute resolution processes.
How Our Leasing Lawyers Can Help
Our Property Lawyers assist landlords and tenants with:
- Agreements for leases,
- Commercial, retail, industrial and farming leases,
- Lease reviews and negotiations,
- Retail leasing and disclosure obligations,
- Lease renewals and options,
- Fixtures and improvements,
- Make good obligations,
- Breaches of lease and default notices,
- Lease termination and surrender,
- VCAT applications, and
- leasing disputes.
Whether you are entering into a new lease, renewing an existing arrangement or dealing with a leasing dispute, our team can help you understand your rights and protect your interests.
Get in touch
Fill out the form below or give us a call: +61 3 8600 6000
Located in Melbourne CBD at Level 28, 140 William Street, Melbourne. Servicing all Melbourne suburbs online and within a 15-minute drive for: Melbourne CBD, Carlton, Fitzroy, Richmond, South Yarra, St Kilda, Brunswick, Collingwood, Prahran, South Melbourne, North Melbourne.
Frequently Asked Questions
A commercial lease can create significant financial and legal obligations for both landlords and tenants. Having the lease reviewed before signing can help identify risks, clarify responsibilities and ensure the terms reflect your interests.
Before signing a commercial lease, it is important to understand the rent structure, outgoings, lease term, option periods, rent review provisions, maintenance obligations, make good requirements and any restrictions on how the premises may be used.
Many commercial lease terms are negotiable before the lease is signed. This may include rent, lease duration, renewal options, incentive arrangements, make good obligations and maintenance responsibilities.
Retail leases are generally subject to additional legal protections and disclosure requirements that do not apply to all commercial leases. Understanding which leasing regime applies is important as it can affect the rights and obligations of both landlords and tenants.
A breach of lease may occur where a tenant fails to comply with their lease obligations, such as non-payment of rent or unauthorised use of the premises. Depending on the circumstances, landlords may have a range of remedies available, including issuing default notices or seeking termination of the lease.
Whether a commercial lease can be terminated early will depend on the terms of the lease and the circumstances involved. In some situations, the parties may negotiate an early surrender of the lease or rely on rights available under the lease agreement.
When a commercial lease expires, the parties may negotiate a new lease, exercise an option to renew or make arrangements for the tenant to vacate the premises. The outcome will depend on the lease terms and the intentions of the parties.
It is beneficial to speak with a leasing lawyer before signing a lease, negotiating key lease terms, exercising an option to renew, dealing with a lease dispute or considering termination of a lease. Early advice can often help avoid costly issues later.
Whether rent can be increased during a lease depends on the rent review provisions contained in the lease agreement. Common review mechanisms include fixed increases, CPI reviews and market rent reviews.
Responsibility for repairs and maintenance will depend on the terms of the lease. It is important for both landlords and tenants to understand their obligations before entering into the lease to avoid future disputes.