Property & Leasing
Finalising your commercial lease agreement or retail lease for premises in NSW doesn’t have to be complicated. And you don’t have to go it alone.
As Sydney property lawyers we’re experts on NSW legal property arrangements. And we’re here to help you avoid the hassle that comes with ‘figuring it out on your own’. Our expert advice can get your leases sorted with a minimum of fuss whether you’re the tenant or the landlord of a property. .
Stevensen Business Lawyers – Property Lawyers Sydney
As property lawyers in Sydney, we’re here for our landlords and tenants.
- As a landlord, we can prepare lease agreements for you for leasing shops, offices, restaurants, bars, industrial sites or other commercial premises.
- If your business is considering leasing a premises as a tenant, we can review and advise on the proposed lease documents. We’ll recommend lease updates and negotiate them on your behalf. We can also advise you on any Heads of Agreement that precedes the formal tenancy agreement.
- Regardless of whether you’re a landlord or a tenant, we can also represent you in commercial leasing or shop tenancy disputes.
What We Do
OUR LEASE REVIEW SERVICES
Our property law services include:
- Reviewing and advising on commercial lease agreements NSW.
- Reviewing and advising on retail premises leases under the Retail Leases Act (NSW).
- Preparing the documents for the assignment of a lease of commercial, industrial, restaurant or shop premises.
- Advising you on recommended updates to a proposed new lease to better protect your legal position.
- Negotiating the terms of a proposed lease on your behalf.
OUR LEASE DISPUTE SERVICES
Having a property dispute can be time consuming and emotionally taxing. Our expert team of Sydney property lawyers can advise you on your legal position under an existing lease and your rights and obligations under the law. This also includes your options for lease renewal or lease termination.
As business dispute lawyers and property lawyers, we can represent you in a retail or a commercial leasing dispute, including at mediation. We can also prepare and start your case in the NSW Supreme Court or the NSW Civil & Administrative Tribunal .
Frequently Asked Questions
While you never have to engage a lawyer for a commercial lease, not getting one can put you and your business at risk. On the other hand, when you work with a property lawyer you will get the best legal advice. And that can protect you and your business and save you money in the long run.
We can help you negotiate the terms, both financial and legal. We can ensure that the rates and break terms are commercial and acceptable to your business. And we can make sure that all your legal risks are covered from the start.
Both a commercial lease and a retail tenancy lease are leases of commercial premises or non-residential property. And they are usually for operating a business. Either of these lease types can be a lease agreement with the landlord or a sublease or licence from the existing tenant.
In New South Wales, commercial leases are covered by rules under the Real Property Act NSW 1900 and the common law (i.e., judge-made law). When you operate a retail business, such as a shop, a restaurant or a cafe, the lease of premises is a retail tenancy lease or retail lease. In NSW, retail tenancy leases are under a different set of rules, which are set down in the Retail Leases Act NSW 1994.
A business dispute lawyer assisting a party in a commercial lease dispute would consider the situation in the broader context. They’d look at the rights and obligations of each party under the legislation and the common law of property, including equitable rights and obligations.
A commercial lease dispute which can’t be resolved by negotiation or mediation can result in either the landlord or the tenant starting proceedings in the Supreme Court of New South Wales.
Significant retail lease law changes in NSW in recent years have generally given greater rights to retail tenants, particularly in disputes. A retail lease dispute in NSW that cannot be resolved by way of mediation can result in NSW Civil and Administrative Tribunal proceeding commenced by the landlord or the tenant.