Tierney & Co Solicitors

Wills & Estates

Commercial Leasing

A commercial lease sets out the arrangements between a tenant and landlord regarding the tenant’s right to occupy specified premises to run its business. Leasing disputes can arise when the lease agreement is unclear, or the parties have not obtained independent legal advice before entering a lease agreement. We can assist with drafting, reviewing, and negotiating the terms of a proposed commercial lease agreement as well as renewals, assignments, and sub-letting.

A leasing arrangement is a valuable commodity for both the landlord (whose investment in the commercial premises must be adequately protected) and the tenant (who relies on reasonable terms and security of location to operate its business).

Key components of a lease agreement include, but are not limited to:

  • Details of the premises, including the size, location, and permitted use.
  • The rent payable by the tenant, including any rent reviews and payment terms.
  • The duration of the lease, including any options for renewal or termination provisions.
  • The obligations of both the landlord and the tenant regarding maintenance and repairs of the premises.
  • The expenses that are payable by the tenant in addition to the rent, such as rates, taxes, and insurance.

The lease agreement should also contain a range of provisions to address unforeseen events such as damage to the premises.

Certain leases are governed by specific laws aimed at enhancing protection for tenants. Retail leasing legislation applies to premises defined as ‘retail’ under the relevant legislation, which regulates the arrangements between the landlord and tenant and requires specific disclosure obligations.

If you need assistance, email ja***@ti**********.com or call 07 3848 6861.