Leasing
Adelta Legal can assist in all aspects of commercial leasing including:
- advice in relation to rights under the Retail and Commercial Leases Act 1995
- preparation of Leases and Disclosure Statements required under the Act, in particular we can tailor specific clauses to meet your individual commercial requirements
- advice to tenants prior to signing a Lease, including review of all documentation and assisting in negotiations with the Landlord
- advice in regards to Lessor’s or Lessee’s rights
- preparation of director’s and other guarantees
- arranging the registration of Leases (where required)
- assignment, variation, extension or surrender of existing Leases
- preparation of and advice in relation to Sub-Lease arrangements.
What is a Lease?
A lease is a legally binding document outlining the relationship between the Lessor (landlord) and Lessee (tenant). It sets out all relevant terms and conditions and identifies the rights and responsibilities of both the Lessor and the Lessee.
The Lease will outline the amount of rent to be paid, the term, any options to renew the lease, who is responsible for ongoing expenses, what happens in the event of default and how disputes will be resolved.
What if there is no written Lease Document?
If there is no written lease document then under the Retail and Commercial Leases Act 1995 parties can find themselves with an automatic 5 year term once premises have been occupied for more than 6 months. This can work in the tenant’s favour if they wish security of tenure. However it can work against a tenant’s interests if they wish to vacate earlier than the 5 year term.
How do I extend a Lease?
An Extension of Lease can be prepared if a tenant has either elected to take up an renewal option contained in the lease or if both parties agree to extend the term. It is wise to have this properly recorded with an Extension of Lease document rather than relying on an exchange of letters or emails.
Do I have to pay outgoings?
Most commercial tenancies are a ‘rent plus outgoings’ arrangement whereby outgoings are payable in addition to rent. It is possible to have a ‘gross rent’ where outgoings are already included in the rent figure. If the lease is a lease governed by the legislation then a tenant cannot be charged Land tax as one of the outgoings.
Lease disputes
There are sometimes disputes that arise between parties relating to a range of issues including rent reviews, rights to renew, obligations to repair or maintain, non-payment of rent and vacation and termination of leases. Adelta Legal has lawyers experienced in giving advice in connection with lease disputes and find ways if possible to resolve them in the most commercial, practical and cost effective manner. If a matter become litigious then we are conscious of costs and minimise them wherever possible whilst at the same time providing quality and expert advice.
We have offices in the city and at Tea Tree Gully for the convenience of clients. In addition, for the elderly or infirm, visits can be made to clients at home or in hospital.
Call us on 08 8415 5000 or send an email to make an appointment.
Key person for Leasing
Christina Fung
Consultant
e: cfung@adelta.com.au
p: (08) 8415 5006
Consultant
MTax, LL.B. (Hons), BArchSt
Christina was admitted to practise in 1997 and she holds a Masters degree in Taxation.
Before joining Adelta, she worked for the Australian Taxation Office for over 20 years.
Christina is a tax specialist with a wealth of experience in providing tax advice, including employee share schemes, capital management issues (return of share capital, demerger, share buy-back), debt/equity and integrity measures on capital benefits.
She has worked with large ASX listed corporate groups and private family enterprises.
She is strategic in her approach when resolving tax disputes involving small businesses. She has strong analytical skills when dealing with complex issues and is sensitive in managing relationships.
Christina has experience in and can assist clients with:
- Providing private advice on corporate transactions
- Employee share schemes
- Resolving complex tax disputes involving multiple parties
- Conducting tax litigation at the Administrative Appeals Tribunal
- Complex applications for private rulings
- Providing capital gains tax and income tax advice
In addition, she also be deals with deceased estate administration, estate planning and various commercial and property transactions.
Christina focuses on providing practical solutions to complex problems
In her free time, Christina likes to play the violin and attend musicals.
Contact Christina Fung