Property Leasing Lawyer Perth | Commercial Law

Property Leasing

As many small business owners know, one of the most important assets of a business is its lease. Another significant asset of a business is goodwill and it often relies on where the business is located. With this in mind, all business owners should take care to ensure that their lease affords them the greatest opportunities, whilst protecting against some of the risks that can be involved in taking on a commercial lease.

For instance, if you are about to enter into a retail shop lease, you should be aware that there is legislation in place in Western Australia called the Commercial Tenancy (Retail Shops) Agreements Act 1985. This Act sets out certain provisions and conditions that must be contained in a retail shop lease.

Our team has extensive experience in drafting and advising on commercial and retail leasing. We regularly act for both landlords and tenants in transactions ranging from large commercial developments to warehouse leases to your local corner store. This range of experience puts our clients in an enviable position when negotiating.

Contact us today to chat to one of our commercial lawyers if you have any questions about entering into a lease agreement.

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Our Expert Team

Steven Brown

Director

Steven is a Perth lawyer and director, and has over 20 years’ experience in legal practice and practices in commercial law, dispute resolution and estate planning. As a principal of Lynn & Brown Lawyers, Steven is focussed on providing commercial...

Chanelle Kane

Lawyer

Chanelle has been in the industry since 2013 and graduated with a Bachelor of Laws in 2020. Chanelle completed the Graduate Diploma of Legal Practice with the College of Law in 2020 and was awarded the 2020 PLT Professional Excellence Award for the cohort....

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Frequently Asked Questions

Can company directors be liable for company debts?

Operating your business or investments through a company provides a lot of protection for those operating the company, known as directors. However, increasingly, in Australia the protection of directors is being wound back. Directors can be liable for some company’s debts, such as, PAYG and staff superannuation. Also, if the company trades insolvently and certain occupational health and safety penalties.

Can you terminate a contract?

Contracts are everywhere in our life, from simple sale and purchase agreements, service supply, property leasing, to employment, banking and investments. Like many of us, you may have been stuck in a contract and wanted to get out. Can you? There are different ways to end a contract. However, contracts are binding legal instruments, so a free exit ticket may not always be available.

Do you need a commercial lawyer when starting a business?

One of the most satisfying tasks we perform at Lynn and Brown Lawyers is to work with our clients to either purchase or sell a business. We all know how stressful it is buying or selling a property and hoping to achieve a successful outcome. These stresses are no different to those that exist around buying or selling a business, particularly if that business is one you have built from scratch or the business that you are looking to buy is as a result of a significant lifestyle change or ambition for the next stage of your career.

Do you need a shareholders’ agreement?

A shareholders’ agreement is a contract signed by the shareholders of a company, which regulates their obligations and rights, as well as what should happen if certain situations arise.

How can I avoid a bad contract?

A good lawyer, with experience, can often foresee things others could not. Sometimes there is nothing you can do about an unforeseeable event happening after you agree to a contract, but there are some things you can do to ensure your contract is as well drafted as possible. We have decades of experience on contract disputes. We will use this experience to protect you.

How do you choose the right business structure for your business?

If you are thinking of starting a business, you will need to consider the different business structures available to you and work out which structure will best suit your needs. In Australia, businesses are commonly structured as sole traders, companies, partnerships, discretionary trusts and unit trusts. It is important to seek professional advice (from a lawyer, accountant, or business adviser) before deciding which business structure to use.

How do you make a contract legally binding?

A contract requires fundamental factors to be a valid contract: (a) An offer; (b) Acceptance; (c) Consideration; (d) Intention to enter into a legally binding arrangement.

How do you terminate a retail or commercial lease?

Do you rent a retail or commercial property and want to end the lease? The first thing you should always do is check the terms of your lease agreement. Different agreements may include different methods for termination or different situations that allow you to terminate the lease. Landlords can usually terminate a lease if the tenant is late with rental payment for 7 days or if the tenant materially breaches the lease and does not rectify the breach after being notified for 14 days. These are standard lease clauses, but each case will turn on the actual lease.

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Property Leasing