Property & Leasing |

Property & Leasing

We can help you finalise your commercial lease or retail tenancy lease for premises in NSW.

For Landlords, we can prepare the lease documentation for you to put forward for your premises.

For Tenants, we can review, negotiate, and update a commercial premises lease or a retail tenancy lease for you.
We can also represent you in commercial lease disputes or retail tenancy disputes.

OUR SERVICES IN THIS AREA

Stevensen Business Lawyers’ services include:

Reviewing and advising on commercial premises leases;
Reviewing and advising on retail tenancy agreements or retail leases under the Retail Leases Act (NSW);
Assignment of leases of commercial property or retail premises;
Advising you, as a proposed Tenant, on updates to a proposed new commercial lease or retail tenancy lease to better protect your position under the Lease;
Negotiating the terms of a proposed retail premises lease or other business property lease on your behalf, either as the Landlord or as the Tenant;
Advising you as a Tenant/ Lessee on your position under an existing retail tenancy lease and your rights and obligations under the NSW Retail Leases Act, or on a commercial lease under property law, including options for renewal of a lease; and
Our business dispute resolution lawyers can advise and represent you in resolving a retail tenancy dispute or a commercial lease dispute, including representing you at third-party mediation or preparing and commencing your case in the NSW Supreme Court or NCAT.

Please contact us for a confidential no-obligation discussion about your needs.

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.