Trusted Legal Advice in Leasing on the Sunshine Coast
The team at Argon Law has extensive experience advising both landlords and tenants in all kinds of leasing, including industrial buildings, retail shops, retirement village contracts and commercial leases.
Right from the start, we will advise you on your legal needs with respect to your lease and individual circumstances, ensuring that you are fully aware of all your rights and responsibilities prior to contracts being signed or transactions taking place.
With Argon Law, you can trust that your Leasing matters are in capable hands. We invite you to contact us to discuss how we can assist in your leasing matter.
What Leasing Services Can We Assist With?
- Drafting or Reviewing Leases
- Amending a Lease
- Deed of Assignment / Transfer of Lease
- Extension of Lease
- Heads of Agreement / Letter of Offer Review
- Commercial Sublease Agreements
- SMSF Commercial Lease Agreement
- Property License Agreements
- Tailored legal advice for both tenants and landlords.
- Dispute Resolution and Litigation between tenants and landlords.
How Can We Help Landlords?
It's important for landlords to prioritise implementing a strong lease that safeguards their revenue while mitigating risks and liabilities. We regularly provide legal advice for landlords whose tenants are looking to sell or restructure, renew or extend their lease, and assist with Make Good obligations.
Check out our informative “Guide to Commercial Leading: For the Landlord” which covers everything you need to be aware of when it comes to managing a commercial lease with your tenants.
How Can We Help You as a Business Owner or Tenant?
As the lease is often the most expensive outgoing for the tenant, it is important to obtain legal advice for this to be thoroughly reviewed so you understand the obligations.
Argon Law can assist in the initial negotiations to secure the most favourable terms, and act for you for rent reviews, amendments, and anything else that comes up during your tenure.
What Are the Different Types of Commercial Leases?
There are several different types of commercial leases, each tailored to the specific needs and uses of the tenant. The primary types of commercial leases include:
- Commercial Lease: A commercial lease is a contract used for renting non-residential properties for various business purposes. It can cover office spaces, warehouses, or other commercial buildings.
- Industrial Lease: Industrial leases are designed for businesses engaged in manufacturing, warehousing, or distribution activities. These leases often include provisions related to specialised equipment, loading facilities, and environmental considerations.
- Retail Lease: Retail leases are used when the tenant operates a retail business, such as a shopfront or restaurant. They commonly feature location-specific requirements and may include terms related to common area maintenance, percentage rent, and signage.
- Retirement Village Lease: Whilst there are many ways in which the operators of retirement villages structure their offerings, often contracts relating to retirement villages can be structured for the sale of the right to reside in the unit by way of a lease agreement, rather than purchasing the real property.
With retail premises, we can assist with the complexities of the Retail Shop Leases Act and the disclosure requirements for all parties to such transactions.
A lease will govern a vital commercial relationship for many years so it is important that its terms are clear and reflect your intentions and plans.
Our experienced solicitors can also advise on lease renewals and transfers as well as disputes between landlords and tenants.
Commercial Leases & the PPSR
If you are a landlord of commercial property and your lessee goes bankrupt, or into liquidation, without the right protections, some of your assets could end up being used to pay their creditors.
Under the Personal Property Securities Act (PPSA), if an entity becomes bankrupt or goes into liquidation or voluntary administration, then an asset which is only held by that entity as a lessee, may be deemed to be an asset of the insolvent tenant.
This can apply to assets such as furniture, fit out, machines and other plant and equipment which might otherwise be the property of the landlord under the terms of the lease. Such problems can be avoided by timely registration of the lease on the Personal Property Securities Register (PPSR).
This is unless the lease is registered on the PPSR. Registration is a cost-effective online process, well worth your time to protect your assets.
It is common for leases of commercial and retail premises to require the tenant to pay, in addition to rent, both the tenant's own outgoings and the outgoings of the landlord.
As a landlord or a tenant, it is important that you understand precisely what your obligations are in that regard, as it is a common source of confusion and disputes between parties to leases.
Retirement Village Leases
Moving into a retirement village is not always as straightforward as it may seem. There tends to be a lot of paperwork involved, and the contracts can be incredibly complex and may leave you feeling confused.
Before signing a retirement village contract, it is important to first fully comprehend your rights and responsibilities and you also need to understand exactly what you are purchasing.