Leases

* Legal Advice on Leases

We provide fixed price leases as well as legal advice to both lessors and lessees in relation to all matters involving leases.

For Lessors we provide caveat clauses with our leases to provide security over the guarantors' properties.

For Lessees it is important to seek legal advice from the best Perth Commercial and Retail Lease Lawyers before entering into a lease, so you know and understand the key terms and conditions contained in the lease. It can also reduce potential risks to you personally or your business at a later stage.  We also assist clients involved in all types of lease disputes whether as Lessor or Lessee.

Our practice is located outside of the Perth CBD and because of this our hourly rates are 20% lower than the standard rates charged by most Perth law firms.  Our rates are extremely competitive compared to the rates charged by other commercial law firms.

Aherns Lawyers can provide the best advice and assistance with residential, commercial and retail leases.

Aherns Lawyers can assist you with:

  •          Drafting a new lease;
  •          Lease dispute resolution;
  •          Legal advice on force majeure clauses in commercial/retail leases.
  •          Reviewing a current lease;
  •          Negotiation for the terms of the lease;
  •          Assignment and subletting of premises;
  •          Termination of the lease;
  •          Advice on rent and rent review;
  •          Default and breaches; and
  •          Repair and maintenance.

For further information on our services regarding Leases please click here.

* Recovery of rent and outgoings pursuant to leases

We regularly advise lessors/property owners on the best method of debt recovery for collection of rental arrears.

We advise on the use of bonds and deposits and guarantees in paying arrears in rent as well as the commencement of legal proceedings pursuant to leases.

Often your lease may entitle you to recovery our legal fees from the lessee and the guarantors.

* Negotiating Leases

Before signing a lease agreement you have the option of negotiating to reach an agreement that meets your needs. Below are a few of the most important points to consider when negotiating your lease. 

** See also Legal Advice on Leases.

Length of your term

One of the most important aspects of a lease is the term of the lease. For businesses, a long-term lease will ensure predictability and a short term lease will allow for more flexibility. Some landlords have maximum terms and options to renew, while other landlords do not. Nevertheless, it must be considered what type of lease term best suits your particular business’ needs.

Commencement date of your lease

Generally, landlords will want the commencement date to start as soon as practicable, so that the rent can commence.

It is important that the commencement date of your lease reflects ‘practical completion’ of the premises in which the landlord’s work has been substantially completed allowing the tenant to lawfully occupy the premises and commence trading.

General factors affecting the commencement date may be if the tenant’s ‘fitout’ has not been completed or where the relevant approvals have not yet been received.

You may wish to delay the commencement until all issues have been finalised and you have received all the relevant approvals to commence trading.

Rent increase

A landlord will generally seek optimum rent from a tenant. It is important that tenants negotiating a lease consider any rent increase clauses which may affect the viability of a business. For example, rent starting at $12,000 per annum with a five percent increase every year will increase to $23,385 per annum after seven years.

Options to renew

A policy some landlords may stick by is not agreeing to any option to renew. It is important to note that landlords are under no obligations to renew a lease and therefore it is important to consider the way in which this may affect your business.

Franchise agreements

When signing a lease under a franchise agreement, it is important to check with your franchisor to determine what assistance and guidance they are able to provide you with. This is because it is crucial to ensure that the terms of the lease agreement reflect the terms of the franchise agreement.

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