Should I get my Lease reviewed by a lawyer?

Written by admin

August 1, 2019

Yes, but of course we’d say that.

If you are entering into a commercial or retail Lease you may be presented with a document sometimes exceeding 50 pages, with many Lease documents addressing a range of different topics with complex legal terminology and concepts.

These documents may:

  • Make you responsible for all repairs and maintenance except structural repairs, but not make the Landlord responsible for structural repairs. Who fixes the roof if it leaks?
  • Allow the Landlord, upon a market review, to set a new rent above the market rent!
  • Make you liable for the rent even after you have assigned the Lease.
  • Allow the Landlord to terminate the Lease for defaults you may not even know you have committed!
  • Require you to pay the Landlord a large sum of money to ‘make good’ the premises when the Lease expires.
  • Allow the Landlord to lodge a caveat over the title to your home.

When we review a Lease for you, we pay attention to the following:

  1. Repairs & maintenance clauses – to ensure that the Lease specifies that the Landlord must perform structural repairs.
  2. Rent review clauses – to make these fair for the Tenant.
  3. Option to renew clauses – ensure you are aware of your obligations regarding the exercise of the option.
  4. Mortgagee’s consent – ensure that the Landlord’s mortgagee has consented to the Lease to you of the property so that the mortgagee cannot terminate the Lease if the Landlord defaults on its mortgage repayments.
  5. Refurbishment/demolition clauses – to make these fair for the Tenant.
  6. Guarantee charging clauses allowing a caveat to be lodged over your home – delete these clauses.
  7. Unusual and unfair clauses – delete these clauses.

We will also advise you on the ways in which you can protect your interest under the Lease by either registration of the lease at Landgate or by lodging a caveat at Landgate.

MP Commercial Lawyers offer a fixed fee for the review of a Lease and provide you with suggested amendments. If you wish us to continue negotiating the terms of the lease with the Landlord after the provision of the initial advice, our hourly rates will apply.

Lease Agreements

David has vast experience in preparing Agreements for Lease for the following types of purpose built properties: bulky...

What is a Mediation

A process where a mediator who is an impartial third party facilitates the process where parties in conflict negotiate...

Due Diligence on Franchise

Due Diligence on Franchise In this video, Commercial Lawyer Steven Pynt explains why you should carry out financial...