
Property & Leasing
We can help you finalise your commercial lease agreement or retail lease for premises in NSW.
For Landlords – we can prepare the lease agreement for you to put forward for leasing your shop, office, restaurant, bar, industrial site, or other commercial premises.
When your business considers leasing premises, we can review and advise on the lease documents proposed by the Landlord’s solicitor, 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.
We can also represent you in commercial leasing or shop tenancy disputes.
OUR LEASE REVIEW SERVICES
Stevensen Business Lawyers’ (SBL) services include:
- Reviewing and advising on a commercial lease agreement NSW;
- Reviewing and advising on a retail premises lease under the Retail Leases Act (NSW);
- Preparing the documents for the assignment of a lease of commercial, industrial, restaurant, or shop premises;
- Advising you, as a proposed Tenant, on recommended updates to a proposed new lease to better protect your legal position;
- Negotiate the terms of a proposed lease on your behalf, either as the Landlord or as the Tenant.
OUR LEASE DISPUTE SERVICES
SBL can also advise a Tenant or Lessee on your legal position under an existing lease and your rights and obligations under the NSW Retail Leases Act, property law, and conveyancing law, including options for a lease renewal or lease termination.
We can advise and represent you in a retail or a commercial leasing dispute, including representing you at third-party mediation. We can prepare and start your case in the NSW Supreme Court or the NSW Civil & Administrative Tribunal (NCAT) when you are in a lease dispute.
Don’t hesitate to contact us to discuss your needs in this area.
Frequently Asked Questions
FAQ
Both a commercial lease and a retail tenancy lease are leases of commercial premises or non-residential property, 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 lawyer assisting a party in a commercial lease dispute would consider the situation in the broader context of 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 cannot be resolved by negotiation or through the mediation provisions of the Commercial Lease 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 (NCAT) proceedings commenced either by the Landlord or the Tenant under the Retail Leases Act NSW 1994.