Retail Leasing

Our property team is highly skilled in negotiating and advising in respect of landlords’ and tenants’ obligations pursuant to the Retail Leases Act NSW (1994) and Retail Leases Act Victoria (2003). We prepare all types of retail leasing documents using well-developed plain English legal precedents, including:

• a letter of offer or heads of agreement
• a retail lease agreement
• a lessee or lessor disclosure statement
• an assignor or assignee disclosure statement
• an agreement for lease
• a fit out agreement
• an incentive agreement
• a legal advice report
• a deed of surrender
• a sublease
• a deed of assignment
• a licence agreement for occupation, outdoor dining, storage, car parking, etc

We are accessible, friendly, easy to deal with, and we explain retail lease issues in a clear, practical manner.

Our prices are reasonable, we can provide a free quote, and we can agree on fixed fees with you, so that you will know what your matter will cost, upfront.

Our team has drafted retail leases on behalf of landlords for many large and small shopping centres including:

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• Grafton Shopping Centre
• Lismore Shopping Centre
• Bonnyrigg Shopping Centre
• The Entrance Plaza
• Windsor Riverview Shopping Centre
• Eastwood Shopping Centre
• Pennant Hills Market Place
• Rosemeadow Marketplace
• Compass Centre Bankstown

We have also negotiated and prepared many retail leases on behalf of tenants all around the UK.

Our team members are acknowledged as experts in this area. We understand potential problem issues from both landlords’ and tenants’ perspectives, including:

• market rent reviews
• complying with section 44 obligations when retail leases end
• claims regarding misleading or unconscionable conduct
• relief from forfeiture
• section 16 (NSW) and section 21 (Victoria) retail lease issues
• assignment of leases, including when landlord’s consent can be withheld
• how to deal appropriately with insolvent tenants
• termination of a lease, and how to avoid wrongful eviction claims and mitigate losses
• permitted use rights
• exercising of options by tenants
• green leasing - the ABRG green rating system
• outgoings liabilities
• land and environment issues
• make good and repair obligations
• quiet enjoyment obligations
• granting of relocation or demolition rights by tenants to landlords

It is important that landlords and tenants fully understand a lease’s requirements, including problems and risks that may arise in the future, before signing it. We will ensure that your retail lease agreement reflects exactly what has been negotiated, and that the documents are unambiguous in order to minimise risk of litigation.

Many retail leasing terms and conditions are negotiable, and may be hard to fully understand the implications of. We aim to ensure that leases do not unfairly or unreasonably favour either landlords or tenants by negotiating outcomes that are acceptable to all parties.

If a leasing matter does ever proceed towards mediation or litigation, we have an experienced litigation team who will advise you, and assist you in cost-effective dispute resolution.