Receive comprehensive commercial lease advice that encompasses everything from negotiating lease terms to resolving disputes.
Explore Our Commercial Lease Law Services
Whether you’re developing, building, or leasing, having an experienced legal partner is essential for streamlining projects and minimising road bumps.
Lease Drafting & Review
Negotiating Lease Terms
Dispute Resolution
Lease Renewals and Extensions
Rent Reviews and Adjustments
Lease Assignments and Subleasing
Termination of Leases
Compliance with Lease Obligations
Dispute Resolution and Litigation
COMMERCIAL LEASING THROUGH PROPERTY SOLICITORS
Navigating commercial leasing can be complex.
Retail, industrial, and office leases each involve unique strategic and tax considerations that require careful attention.
That’s why our commercial leasing services are comprehensive.
Melbourne property lawyers offer expertise in:
- Referring you to our trusted network of buyers’ advocates, financial advisers, and brokers
- Reviewing tax implications specific to commercial leases
- Managing the entire leasing process from start to finish
- Providing strategic advice to align your leasing decisions with your overall property goals.
Contact our team to discover how we can support you with everything from leasing retail spaces to securing industrial or office properties.
Commercial Lease Negotiations
Commercial and retail leases, while both applicable to business tenants, are distinct in their regulations and requirements.
Retail leases are governed by the Retail Leases Act 2003 (Vic), which sets out clear obligations and standards for both landlords and tenants. This Act primarily applies to small businesses, although certain entities, such as corporations and body corporates, are excluded from its provisions.
Commercial leases, on the other hand, apply to businesses not covered by the Retail Leases Act. These leases are not governed by a specific act, making them less regulated and often more flexible, but also requiring careful attention to ensure fairness and protection for your business.
Whether you’re entering into a retail or commercial lease, having a well-drafted agreement that safeguards your interests is essential.
Consult with our experienced commercial property solicitors in Melbourne to learn how we can assist you in drafting a lease that meets your business needs.
Success Story
”I had experience with many lawyers regarding my property matter and Penny LaGreca is one of the best, very knowledgeable, listen to every point and her way of presentation is very good, and she is very flexible, can do fix agreement cost.
Bikramjit Singh
Lease Assignments and Sub-Leasing
Simplify your sub-leasing arrangements with expert legal advice that ensures a smooth and compliant process.
Sub-leasing can present various challenges, from negotiating terms with the primary tenant to ensuring that all agreements align with the original lease. It’s crucial to have a well-structured sub-lease that protects your interests and meets all legal requirements.
Whether you’re sub-leasing a portion of your commercial space or managing multiple sub-tenants, our team of experienced property lawyers in Melbourne can help you navigate the complexities and deliver effective solutions that save time and resources.
Resolving Commercial Leasing Disputes
Resolving commercial lease disputes requires a thorough understanding of the legal intricacies involved. Disputes can arise from a variety of issues, including rent adjustments, maintenance obligations, breaches of lease terms, or disagreements over renewal conditions. These conflicts, if not addressed promptly, can disrupt business operations and lead to costly litigation. Our experienced property lawyers in Melbourne are well-versed in handling such disputes, providing tailored advice that considers both the legal framework and the practical realities of the situation. We prioritise swift and effective resolution methods, aiming to minimise disruption to your business while protecting your rights.
Our approach to resolving commercial lease disputes begins with a careful analysis of the lease agreement and the specific circumstances surrounding the conflict. We explore all available options, including negotiation and mediation, to achieve a settlement that serves your best interests. However, if an amicable resolution cannot be reached, we are fully prepared to represent you in court, leveraging our extensive litigation experience to secure a favourable outcome. With our guidance, you can navigate the complexities of commercial lease disputes with confidence, ensuring that your business remains protected and your commercial relationships are preserved wherever possible.
Melbourne Commercial Leasing Disputes
Alternative Dispute Resolution
With the right team, most commercial leasing disputes can be settled outside of court in a swift, cost-effective manner.
Litigation
If the other side refuses to compromise, we’ll defend your rights in bodies such as VCAT and in the courts.
Practical Guides to Property Law
When you’re preparing for your consultation with one of our team, reading up on the basics of property law can be helpful.
Get started with our library of easy-to-read articles and guides.
Commercial Property Law FAQs
How much does commercial conveyancing cost?
Commercial conveyancing in Victoria typically costs about double the conveyancing cost of residential sales and purchases. For standard commercial property acquisitions, expect to pay anywhere from $1,800 to $2,600. For standard sales, conveyancing fees range from around $1,400 to $2,000.
What’s the process for acquiring commercial real estate?
Once you’ve identified commercial real estate for investment or development, most acquisitions follow a similar process.
- Depending on the seller’s preference, buyers may have to submit an EOI or bid for the property at auction. Private sales may also sometimes be conducted.
- If the sale is private or through an EOI campaign, a period of negotiation normally follows. It can be useful to have a buyer’s advocate or solicitor support you during discussions.
- The buyer should conduct due diligence. In addition to fundamentals like pest and building inspections, other checks, such as environmental vulnerabilities and property history should also be conducted.
- A formal offer is made and accepted.
- The buyer must pay the seller a deposit.
- The buyer should obtain financing and arrange insurance. You should coordinate with your solicitor and mortgage broker to set up a lending scenario that protects your business’s long-term interests.
- Once financing has been obtained, your solicitor will calculate adjustments and prepare for settlement.
- Settlement occurs.
- During the cooling-off period (if there is one), your solicitor will arrange for the payment of stamp duty.
What are the residential development standards in Victoria?
Victoria has a comprehensive set of residential development standards (ResCode) that cover everything from street setback and site coverage to north-facing windows and boundary walls. These standards aren’t included in a single document, but can instead be found throughout Victorian planning schemes and Building Regulations 2018 (Vic).
You can find a simplified explanation of ResCode here.