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What are the most important questions I should consider before signing a commercial lease?

  • The most  important factors to consider include:
    • the duration of the lease including how much longer it has left if you are taking over an existing lease;
    • whether the lease has an option to renew;
    • the amount of rent and how often it has to be paid;
    • whether the lease has a right of assignment permitting you to transfer the lease if you decide to sell the business. If it does not you should negotiate such a clause into the lease before you sign it;
    • whether the lease contains a dispute resolution clause;
    • whether the lease allows for your type of business to be conducted;
    • whether the lease will allow you to sub-let floor space if you do not need all of the premises; and
    • responsibility for ongoing costs such as:
      • council rates;
      • water costs;
      • electricity costs; and
      • legal fees.
  • You can use our Phone a Lawyer service for a preliminary legal consultation if you think you may need legal advice

 

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