Commercial Property Blog

It is evident that the nature of retail is changing in Australia. In our latest Commercial Property blog, Principal Lawyer Andrew Grima outlines some negotiation tips that prospective tenants can use when entering a retail lease.

The Supreme Court of NSW recently handed down a decision in the case of Kegran Pty Ltd v Warrik Pty Ltd, which highlights a number of important steps for tenants to take in order to validly exercise their option to renew a lease and avoid unnecessary proceedings.  

When thinking about terminating a lease, it is important for parties to both exercise caution and avoid terminating without first obtaining relevant legal advice.  Seeking professional legal advice prior to making a decision to terminate will provide parties with assurance that the opposing party's failure to comply with the lease obligation does actually give them the right to terminate.

Whilst, at first glance, section 68 of the Retail Leases Act 1994 may suggest that mediation is a compulsory step prior to the commencement or continuation of any court proceedings concerning a retail tenancy dispute, the court has determined that it will not necessarily block proceedings.

When an owner and occupier of a commercial building sells that building but stays on as tenant, it is called a sale and leaseback. Many major companies have opted to use sale and leaseback, and it is certainly on the rise in commercial property. 

It doesn’t matter if you’re the landlord of an industrial, retail or residential property – your objective is the same - to find a good property and an equally well-suited tenant. Here are the top five mistakes that landlords make in achieving these goals.

Offices leases are essentially commercial leases and it’s important that landlords and tenants alike are on top of their respective rights and responsibilities however, there are some differences. Here are three points to consider.

There are substantial differences between retail and commercial leases that both landlords and tenants ought to be aware of. Here are some key differences that you should consider before entering any lease.

You probably go to your local doctor once a year to make sure everything is in working order, right? Well, it also makes good sense to do the same with your business – taking stock and doing a ‘check up’ in the New Year.

If you're consider taking out a commercial or retail lease, here are five things to consider before committing.

The best laid plans of mice and men can go astray. Before agreeing to act as guarantor for a tenant, make sure you know what you may personally be liable for if things don’t go according to plan. The decision from the New South Wales Supreme Court in Padstow Corporation Pty Ltd v Fleming (No 3) [2013] NSWSC 24 illustrates the position you could find yourself in if a tenant breaches their lease.

Did you realise that you can be locked into a commercial Lease without even signing the papers? If you’re shaking your head, you need to take a look at the case of Priolo Corporation Pty Ltd v Vantage Systems Pty Ltd.