Leasing Lawyers | Tasmania
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
Lessor’s Deed of Consent to Assignment of Lease
Mortgagee’ Consent Deeds
Car park Licenses
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.
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.
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
Rent and rent reviews
Other payments under the Lease, eg. turnover rent
Term and Renewal Term
Right to assign or sublet
Maintenance and repairs
Damage to the premises
Alteration and additions
Risk and Indemnity
Default and Termination
Any special conditions, eg. rent free periods or fitout incentives
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:
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.
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.
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