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Commercial and Retail leases are complex documents that must balance the rights of the landlord and tenant and provide for numerous eventualities during the term of the lease – such as if the premises are damaged or if the tenant defaults on the lease.
Generally, the landlord provides the tenant with the lease, which contains terms relating to the rent, the term of the lease, permitted use of the premises, any bank guarantee or security deposit, maintenance requirements and make good and termination provisions.
At LegalVision, we draft a broad range of lease documents including commercial leases, retail leases, licences, assignments of lease, variations of lease and subleases.
In relation to retail leasing, we also advise on the preparation of disclosure statements and the landlord’s obligations under State Specific Retail Legislation
LegalVision’s experienced commercial leasing lawyers have extensive knowledge of commercial, retail, industrial and rural leasing. We can draft and negotiate leases in all Australian jurisdictions, as well as:
draft ancillary transactions including licence agreements, assignments, solar and technology leasing and lease surrender;
assist tenants manage their leasing portfolio; and
manage all commercial and retail leasing needs for a range of corporate organisation and government bodies.
Our team is pragmatic and efficient and deliver quality advice to SMEs, franchisors, shopping centres and large corporates.
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5 things you need to know aboutDrafting a Commercial or Retail Lease
5 Things You Need to Know About Drafting a Commercial or Retail Lease
It is important to determine what type of lease should be drafted — for example, commercial, retail, industrial, licence agreement etc. All documents have different drafting considerations and different implications. Get expert advice before preparing documentation.
All leases contain commercial terms, such as the rent payable, the term of the lease, whether an option period will be granted, and what type of security the lessee will be required to provide, such as a bank guarantee.
A landlord has specific disclosure requirements for retail leases, noting that in all States across Australia (except South Australia), a Landlord must provide tenants with a disclosure document at least seven days before the lease commencement date. Failure to disclose certain information can provide the tenant with a right of termination, even after the lease has been entered into.
Leases should contain detailed provisions as to maintenance obligations during the term of the Lease, such as details of the party responsible for the maintenance of items like air conditioning.
The majority of leases also contain “make good” requirements, compelling tenants to make good any damage and return the property to its condition at the start of the lease, excepting fair wear and tear. Additionally, some leases contain redecoration clauses, requiring tenants to re-paint premises and/ or re-carpet premises.
Providing businesses
with unlimited legal help.
Unlike other law firms, LegalVision provides businesses with ongoing and on-demand legal support through our
unlimited legal services membership. When you become a member, you get access to an experienced team of
lawyers to assist with all your business' legal needs. Your membership includes:
Unlimited Document Drafting, Reviews and Amendments
The certainty around cost and timing are the two features of LegalVision’s membership that have had the biggest impact on our business.
Amber Turnbull , COO
LegalVision's lawyers maintain a consistently high quality of service, and their fixed-fee approach is a breath of fresh air.
Nathan Walsh , CEO
LegalVision’s deep legal expertise, tech-enabled approach and speed of delivery have had a significant positive impact on our business operation.
Nick Crocker , Partner
Having used LegalVision for 20+ transactions, large and small, we love their attention to detail, speed, and the quality of the whole team.
Karl Goodman , Owner
Having used LegalVision for four years, they continue overdelivering. They make you feel heard, understood and secure.
Michael Cleary , Co-founder
LegalVision’s membership has saved us time and money by having all our legal resources under one roof.
Cynthia Cheung , Head of Ops
The LegalVision team is exceptional. Every person we've met is super responsive and knowledgeable - and their Prism platform makes everything easier!
Vince Allen , Co-founder
We are grateful to the LegalVision team for their legal guidance, and we look forward to working with them again in the future.
Katrina Huergo , CFO
Big thanks to the LegalVision team for keeping the ball rolling and our team informed along the way.
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our clients
Cost Certainty
We offer our clients a range of pricing options to suit their needs and provide transparency around legal costs. Our membership offers unlimited legal services for an affordable monthly fee.
Specialist Lawyers
LegalVision caters to a full range of commercial law needs. Our lawyers are specialists who bring extensive experience from working at leading law firms in Australia, the United Kingdom, New Zealand and across the world.
Responsive Timeframes
We understand that timing is critical, particularly for businesses that have a large number of legal projects. LegalVision is committed to delivering our services within short timeframes that fit the commercial needs of our clients.
Custom Technology
We have built our tech stack from the ground up. Our team of developers build technology to help streamline the workflow of our legal team and improve the client experience for our members.
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