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Commercial leases are leases for a commercial purpose, but unlike retail leases, commercial leases are not governed by the Retail Leases Act 1994 (NSW).

If you are a potential or prospective Landlord and you are looking to issue a Commercial Lease and need a Solicitor to assist you with your Commercial Lease matter, you can speak to one of our Conveyancing Solicitors, who act for Landlords on a regular basis.

By focusing on quality and volume, our Conveyancing Lawyers & Conveyancing Solicitors can afford to offer Commercial Lease preparation services to Landlords at a competitive rate.

We charge a fixed fee of $ 1,100.00 (including GST) plus disbursements for Commercial Leases (acting for a Landlord), which covers the entire standard process including: 

  • taking specific instructions from you in relation to specific clauses of the proposed standard Commercial Lease (or any Deed or Agreement whereby any existing Standard Commercial Lease is assigned by an Assignor), in respect of which you have instructed us to provide legal advice
  • negotiating directly with the Tenant or the Tenant’s Solicitors in relation to amendments to the Standard Commercial Lease (or any Deed or Agreement whereby any existing Standard Commercial Lease is assigned by an Assignor with your consent), as might be instructed by you
  • assisting you to understand and if necessary explaining to you your requirements in relation to the Standard Commercial Lease (or any Deed or Agreement whereby any existing Standard Commercial Lease is assigned to you) and providing information to the proposed Tenant or Tenant’s Solicitors, as to same, including Bank Deposit, Insurance and other requirements
  • assisting you to execute the Standard Commercial Lease (or any Deed or Agreement whereby any existing Standard Commercial Lease is assigned by you or an Assignor with your consent) and attending to witnessing of the Standard Commercial Lease (or any Deed or Agreement whereby any existing Standard Commercial Lease is assigned by you or an Assignor with your consent) and associated documentation as well as any other reasonable requirements that you may have
  • arranging the payment of stamp duty, if applicable, including assisting with any exemption or concession applications
  • receiving the final and executed Standard Commercial Lease (or any Deed or Agreement whereby any existing Standard Commercial Lease is assigned by an Assignor) and associated documentation from the Tenant or the Tenant’s Solicitors, as well as responding to follow-up correspondence with the Tenant or the Tenant’s Solicitors, to confirm that the Standard Commercial Lease (or any Deed or Agreement whereby any existing Standard Commercial Lease is assigned) and associated documentation has been received by the Landlord or the Landlord’s Solicitor and where applicable, responding to any further follow-up correspondence from the Tenant or the Tenant’s Solicitor requesting that the Standard Commercial Lease or Transfer of Lease be been registered.  

Retail Leases

A retail lease is a form of Lease and is defined in the Retail Leases Act 1994 (NSW) as covering premises not larger than a thousand square metres. Of course, the premises must be used for a retail purpose as well. Rentals and outgoings must be disclosed to a Tenant by the Landlord before the lease is entered into and the Landlord cannot demand that key money be paid by the Tenant. Moreover, the Tenant will not be liable to cover the Landlord’s legal expenses unless the Tenant requests amendments to the lease. In the event that the lease is for a period of less than five years, a certificate to that extent must be provided. Certain protections exist for the benefit of the Tenant in the event that the Landlord intends to relocate the Tenant or redevelop the site.

What is a standard Commercial Lease matter (Landlord or Assignor) ?

Standard Commercial Lease matter (acting for Landlord or Assignor) means:

  • where the Lease upon which are providing advice or which is being assigned pursuant to any Deed or Agreement is a Standard Commercial Lease or Retail Lease based on either the Real Estate Institute of NSW or Law Society of NSW Precedent (as amended by proposed Special Conditions prepared by our firm); and
  • the transaction is not a non-standard Commercial Lease (see below).

Non-standard Commercial Lease (acting for Landlord or Assignor)

Non-standard Commercial Lease (acting for Landlord or Assignor) is a transaction:-

  • where any advice is required on a specifically drafted Heads of Agreement for Lease, Memorandum of Understanding for Lease or any Agreement for Lease; or  
  • where what is required to be drafted is a Commercial Lease that is custom drafted by the Landlord or the Solicitors for the Landlord and is not based on any standard form of Lease issued by either the Real Estate Institute of NSW or the Law Society of NSW; or  
  • where either party is proposing to sign any documents in relation to the Commercial Lease (or any Deed or Agreement whereby any Commercial Lease is assigned) by way of power of attorney or other instrument; or
  • involving the executor or trustee of a will or personal legal representative; or
  • requiring the lodgement of a transmission application; or
  • involving complicated taxation legal advice specific to the Landlord’s subjective circumstances; or
  • that is a complicated Commercial Lease (or any Deed or Agreement whereby any Commercial Lease is assigned) as determined by us in our sole discretion.

What fees do you charge for a non-standard Commercial Lease (acting for Landlord or Assignor) ?

We are always happy to act for potential or prospective Landlords in relation to non-standard Commercial Leases.  We will usually be able to offer you a fixed-fee quote in relation to non-standard Commercial leases.  In order to obtain a fixed-fee quote in relation to a non-Standard Commercial Lease, please contact our office and discuss the matter with a member of our Conveyancing team.

What are disbursements?

Disbursements are the expenses that are incurred by us in the course of the matter. In a standard Commercial Lease matter, disbursements normally include, amongst other things, payments made to third parties, title searches, Company Searches and PPSR searches.  We do not charge for postage, emails or for photocopying and printing.

At Navado, Lawyers handle your Commercial Lease matter

We have an experienced team of Conveyancing Solicitors dedicated to Commercial Leasing. Our Conveyancing Lawyers encompass the knowledge and understanding of the law that goes beyond the spectrum of basic Conveyancing.  Our Conveyancing Solicitors are able to identify and/or address further collateral issues which may arise as a result of a Commercial Lease.  Such things may involve taxation law, the law on trusts and power of attorney, family law and wills and probate.

We do not treat Commercial Leasing as a simple transaction, isolated from all other areas of the law. Our Conveyancing Lawyers will take detailed instructions and prepare a Commercial Lease in accordance with your instructions. 

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This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.

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If you are buying or selling a property and require Conveyancing services, you should make an appointment to see one of our Conveyancing Lawyers in one of the following locations:

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