Retail & Commercial Leases
4. Obtaining Lease Documents
Firm / Chambers:
Last updated: 29 Aug 2015
- Before a lease can be signed you must be provided with a draft copy of the lease by the landlord and any other required documents including:
- a disclosure statement; and
- if applicable a copy of your local tenancy laws in your state or territory.
- This is so you can consider the documents and seek professional advice.
- Once you obtain all the documents spend plenty of time reading and making sure you understand them so that you can clarify any matters you are unsure of with your advisors and negotiate with the landlord as necessary.
- Many landlords have their own standard lease document that they provide. The terms and conditions contained in it can be negotiated. It is preferable to talk to the landlord but an agent or lawyer will often be appointed to act for them. This is particularly likely in shopping centres and large buildings with several premises for rent.
- The landlord may be required to provide you with a disclosure statement document. This document specifies the services the landlord pays for and what you will have to pay for:
- if the lease is in a retail shopping centre the disclosure statement will include information such as:
- the number of parking bays available for customers and employees;
- council regulations;
- opening hours;
- taxation advice (such as whether the lease is subject to GST or depreciation);
- fair trading practices; and
- occupational health and safety requirements and regulations.
- As a prospective tenant you need to:
- consider all of the material provided to you by the landlord or their agent; and
- understand the proposed lease agreement.
- If you are having trouble understanding your rights and obligations under the proposed lease agreement our free Find a Lawyer directory may help you get in touch with an experienced commercial lawyer near you.
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