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Leasing Lawyers | Tasmania

Greyson Legal

 

What We Do

Greyson Legal | Hobart Leasing Lawyers have a deep understanding of leasing law.

Commercial leases typically come in one of the following forms:

  • Retail Tenancy Leasing

  • Commercial office leases

  • Lease for industrial warehouses and sheds

  • Leases of vacant commercial land

Greyson Legal | Leasing Lawyers Tasmania can assist with:

  • Offers to Lease

  • Agreements for Lease

  • New Leases

  • Lessor’s Deed of Consent to Assignment of Lease

  • Lease renewals

  • Mortgagee’ Consent Deeds 

  • Assignor/Assignee Deeds

  • Fitout Deeds

  • Sub-Leases

  • Occupancy Licenses

  • Car park Licenses

  • Incentive Deeds

  • Seating Licenses

  • Personal Guarantees

  • Bank Guarantees​

  • Lease Dispute Resolution

 

What is a Commercial Lease?

Greyson Legal | Tasmanian Leasing Lawyers is your one stop shop for legal advice and assistance with commercial leasing in Tasmania.

A commercial lease sets out the contractual terms and conditions of the relationship between a Landlord (Lessor) and a Tenant (Lessee) and in respect of the occupancy and use by the Tenant of  freehold premises owned by a Landlord.

Many business owners in Tasmania adopt a commercial lease in one form or another to set the framework for occupation and use of a commercial premises to conduct their business.


To that extent, a commercial lease is a cornerstone of the business and it is therefore imperative Tennants'  understand their rights and obligations under the lease. A failure of a Tenant to comply with their commercial lease could result in the lease terminating, which would adversely impact on the Tenant and the business.    

Typically, the Landlord (or their  solicitor) prepares the commercial lease. The is because the Landlord knows the premises information and would detail the key terms and conditions upon which the Landlord is prepared to lease the premises. For this reason, commercial leases are often drafted in favour of the Landlord. However, this does not mean the commercial lease is without errors or non-negotiable. 


As a commercial lease is a form of contract, it is important both the Landlord and Tenant obtain legal advice so they understand the lease terms and conditions, and their respective rights and obligations.

 
Renovated Office

Before entering into a Lease

If you are a prospective Tenant of commercial premises in Tasmania, Greyson Legal | Leasing Lawyers Hobart can: 

  • review and advise you on the terms and conditions of the Lease

  • carry out requisite searches

  • advise you on the application of the Fair Trading (Code of Practice for Retail Tenancies) Regulations 1998 (if a retail tenancy Lease) and what is required to comply with the Code

  • recommend aspects of the premises or the lease documents that require further clarification with the Landlord

  • make suggestions for amendments to the lease documents

  • help you in your negotiations with the Landlord

  • assist you with all aspects of the lease documentation in readiness for signing and the commercial leasing process. 

 

Retail Tenancy Lease | Tasmania

Retail leasing can be a complex area of law. Generally, each State  and Territory in Australia has its own legislation, which legislation is not necessarily consistent. This can be a challenge for Landlords if they have retail premises in more than one State or Territory.

In Tasmania, the applicable legislation is the Fair Trading (Code of Practice for Retail Tenancies) Regulations 1998.

The Code sets out the criteria for  determining if a premises is a "retail premises" and thereby caught be the Code. For example, the Code does not apply to retail premises with a lettable area of more than 1,000 square metres.

If you need advice about Tasmanian retail tenancy leasing law, Greyson Legal | Tasmanian Leasing Lawyers can help you.

When entering into a retail lease in Tasmania, it is important to understand not only your rights and obligations under the Lease documentation itself, but in addition checks need to be made to ensure compliance with the Fair Trading (Code of Practice for Retail Tenancies) Regulations 1998 and other applicable laws.

Beauty Shop
 

Lease Terms and Conditions

Greyson Legal | Leasing Lawyers Hobart are familiar with the format and content of commercial leases. We know what are the key lease terms and conditions and how to identify red flags in the Lease documents that you need to be aware. 

Most commercial leases will contain provisions, such as: 

  • Lessor and Lessee details

  • Premises description

  • Rent and rent reviews

  • Outgoings

  • Other payments under the Lease, eg. turnover rent

  • Term and Renewal Term

  • Permitted Use

  • Exclusivity

  • Insurance

  • Right to assign or sublet

  • Landlords access

  • Maintenance and repairs

  • Damage to the premises

  • Alteration and additions

  • Lessor's obligations

  • Lessee's obligations

  • Risk and Indemnity

  • Security

  • Default and Termination

  • Dispute Resolution

  • Any special conditions, eg. rent free periods or fitout incentives

 
Gavel

Retail Lease Dispute | Tasmania

Where a retail tenancy dispute arises in Tasmania, the Fair Trading (Code of Practice for Retail Tenancies) Regulations 1998 sets out a dispute resolution procedure. Namely:

  • the Landlord and Tenant must attempt to resolve any dispute between themselves

  • If the lease dispute cannot be resolved, either party may request the Office of Consumer Affairs  investigate the dispute and attempt to negotiate a mutually acceptable solution

  • If a dispute remains unresolved following investigation and negotiation by the Office of Consumer Affairs, either party may refer the dispute for Conciliation

  • If the dispute remains unresolved, either party may pursue litigation in a Court of competent jurisdiction.

If you are involved in a retail tenancy dispute in Tasmania, contact Greyson Legal | Leasing Lawyers Tasmania for lease advice and assistance with lease dispute resolution.​​​

 

Here are a few clients in Tasmania that Greyson Legal has assisted with their leasing requirements:

Image by Thomas Bassett

Huon She Shed Inc.

Greyson Legal | Tasmanian Leasing Lawyers recently assisted the Huon She Shed Inc. in relation to their lease of premises at Ranelagh, Tasmania from the Huon Valley Council.

Factory.jpeg

Industrial Factory Lease

Greyson Legal | Leasing Lawyers Hobart acted in relation to a leasing matter involving a large scale industrial premises, incorporating: factory, warehouse, various outbuildings on 4 hectares of land at Legerwood, Tasmania.

Fit Woman

Gym Lease | Fitstop Hobart

Greyson Legal | Hobart Leasing Lawyers assisted our client with legal advice and assistance in relation to securing Premises in Hobart to operate Tasmania's first Fitstop Functional Training Centre.

 

Let Us Help You

At Greyson Legal | Tasmanian Leasing Lawyers, we help you:

  • to understand the elements of the lease documentation

  • know your rights and obligations under the lease

  • meet statutory compliance requirements

  • fulfil any steps that you need to obtain a signed lease on terms and conditions you are satisfied with

  • with lease negotiations

  • where a lease dispute arises

 

For a confidential discussion with a leasing lawyer, contact Greyson Legal | Leasing Lawyers | Hobart.