Commercial Leases & Retail Tenancy

We can assist you in finalising your commercial lease or retail tenancy lease over premises in NSW, by preparing the lease documentation for you to put forward as Landlord of the premises, or reviewing, negotiating and updating a commercial premises lease or a retail tenancy lease for you as Tenant. We can also represent you in a commercial lease dispute or a retail tenancy dispute.

What is the difference between a commercial lease and a retail tenancy lease?

Both a commercial lease and a retail tenancy lease is a lease of a commercial premises or a non-residential property, usually for operating a business. Either of these lease types may be a lease agreement direct from the owner, or a sublease or licence from the existing Tenant.

In New South Wales, commercial leases are covered by the 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 being those set out under the Retail Leases Act NSW 1994.

What happens in a retail tenancy dispute or commercial lease dispute?

A lawyer assisting a party in commercial lease dispute would consider the situation in the context of the rights and obligations of each party under the legislation and the common law rules on property law, including equitable remedies. A commercial lease dispute which cannot be resolved by negotiation or under 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 recent years have generally given greater rights to retail tenants in NSW particularly in retail tenancy disputes. A retail lease dispute in NSW that cannot be resolved by way of mediation can result in Tribunal proceedings commenced either by the Landlord or the Tenant under the Retail Leases Act NSW 1994 for determination by the NCAT i.e. the NSW Civil and Administrative Tribunal.

Our services in this area

Stevensen Business Lawyers’ services include:

  • Reviewing and advising on a commercial premises lease;
  • Reviewing and advising on a retail tenancy agreement or retail lease under the Retail Leases Act NSW;
  • Assignment of a lease of a 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, and on a commercial lease under property law, including assisting in options for renewal of a lease; and
  • Our business dispute resolution lawyers advising and representing you in resolving a retail tenancy dispute or a commercial lease dispute, including representing you at third-party mediation or starting and preparing your case for proceedings in a Court or a Tribunal in Sydney NSW (NCAT).

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