Melbourne Commercial Leasing Lawyers
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A lease is often one of a business's most important assets. The term, rent reviews, options to renew, repair obligations and assignment conditions all affect how the business trades and what it is worth when you sell. We review, negotiate and draft retail, office, warehouse and industrial leases for tenants, landlords and investors, and explain every clause in Mandarin, Cantonese or English.
Tenants
- Reviewing the lease and landlord's disclosure statement before you sign, and explaining rent, outgoings, options, fit-out and make-good obligations
- Negotiating rent, rent-free periods, fit-out contributions and guarantees with the landlord
- Lease assignments and landlord consent when buying or selling a business
- Subleasing, ending a lease early and disputes with landlords
Landlords and investors
- Drafting commercial and retail leases and lease templates
- Preparing disclosure statements for retail leases
- Rent reviews, renewals and lease variations
- Recovering unpaid rent, breach notices and re-entry
- Reviewing existing leases and tenants before you buy a tenanted commercial property
Special rules for Victorian retail leases
Retail shop leases in Victoria are governed by the Retail Leases Act 2003, which differs from general commercial leasing in important ways. For example, the landlord must generally give the tenant a disclosure statement at least 7 days before the lease is entered into; the term (including options) must generally be at least 5 years unless the tenant waives this with a certificate from the Small Business Commission; and most disputes must go to mediation with the Victorian Small Business Commission before an application can be made to VCAT. Understanding these rules before you sign can prevent disputes later.
To have a lease reviewed or for advice, call 03 9602 3988 orcontact us online.
If you are a tenant, seeCommercial lease lawyers (tenants); if you are buying a business that comes with a lease, seeBusiness sale and purchase lawyers.
Frequently asked questions
What will a lawyer check before I sign a lease?
We review the term and options, the rent and how it is reviewed, outgoings, the bond and guarantees, repair and make-good obligations, permitted use, assignment and subleasing, and early termination – and explain how each affects your business.
What is the difference between a retail lease and a commercial lease?
Retail shop leases are covered by Victoria's Retail Leases Act, which gives tenants extra protections such as a disclosure statement, a minimum 5-year term and mediation through the Small Business Commission. Office, warehouse and industrial leases are generally not covered, so the lease terms themselves matter more.
How can I end a commercial lease early?
Usually by negotiating a surrender with the landlord, relying on an early termination clause, or assigning the lease to someone else. You or your guarantors may still have some liability afterwards, so get legal advice before you act.
What happens to the lease when I buy a business?
Most business sales need the landlord's consent to assign the lease to the buyer. We check the remaining term and options, and deal with the assignment, guarantees and bond before settlement.
What should overseas investors consider when buying tenanted commercial property?
As well as reviewing the existing leases, tenants and rental income, foreign investors may need FIRB approval before buying commercial property. We can assess this before you sign.
Client Reviews
Clear legal advice with practical commercial sense
Book online to meet our commercial leasing lawyers at our Melbourne CBD office or by video.