Leading commercial leasing Lawyers

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Safeguarding Your Assets

You have worked hard to build your business or investment, so make sure your lease protects it. The commercial leasing lawyers at Arver Law will guide you through every stage of the process to ensure your preferences are carried out and legal interests protected.

Hear what our clients are saying

“I am not someone who writes reviews or froths on social media about great service but Ben and Anne have literally driven me to it. Efficient, responsive, strategic advice in our best interest, always willing to jump in, totally in step with us at every step… I will be recommending them to everyone I know who’s looking to buy or sell!!”

We have had such a complex but rewarding real estate journey. This would not have been possible again if not for the amazing expertise that Anne + Benjamin Law has provided us. It was a success during our selling period. The time we purchased our new property to call home was quite complex and we had hurdles that we had to navigate yet we made it through because of Anne and her team's splendid assistance and service. They were always ready to answer our questions and gave us detailed explanations of information from the contract signing down to the day of settlement. We are truly grateful to Anne, Bao, Trish and the rest of her team. I highly recommend them! Thank you so much again! 😊

Anne's and the team have been a great help with my property transfer.

Efficient, clear and timing communication from start to finish, i would highly recommend the team to anyone in need of a property solicitor

Absolutely incredible work from these guys. They were extremely efficient, friendly and personable. This was a very daunting purchase as it was my first however Anne, Trish and Bao were there to answer all of my questions and went above and beyond to ease any anxieties I had. I’ll never use anyone else and recommend these guys.

“I am not someone who writes reviews or froths on social media about great service but Ben and Anne have literally driven me to it. Efficient, responsive, strategic advice in our best interest, always willing to jump in, totally in step with us at every step… I will be recommending them to everyone I know who’s looking to buy or sell!!”

We have had such a complex but rewarding real estate journey. This would not have been possible again if not for the amazing expertise that Anne + Benjamin Law has provided us... They were always ready to answer our questions and gave us detailed explanations of information from the contract signing down to the day of settlement. We are truly grateful to Anne, Bao, Trish and the rest of her team. I highly recommend them! Thank you so much again! 😊

Anne's and the team have been a great help with my property transfer. Efficient, clear and timing communication from start to finish, i would highly recommend the team to anyone in need of a property solicitor

Absolutely incredible work from these guys. They were extremely efficient, friendly and personable. This was a very daunting purchase as it was my first however Anne, Trish and Bao were there to answer all of my questions and went above and beyond to ease any anxieties I had. I’ll never use anyone else and recommend these guys.

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The Arver Law Commercial Leasing Difference

Pragmatic

As property lawyers, our advice is relevant to your circumstances and always realistic.

Holistic

We go out of our way to keep clients informed about risks and opportunities.

Empathetic

We put ourselves in every client’s shoes and ensure advice is fit for purpose.

Nuanced

We pick up on the small details that can lead to greater results.

Ethical

We ensure our advice is within the bounds of the law and always protects your best interests.
4.9
215
Google Reviews

Join over 1000+ happy Arver Law customers

With a reputation for excellence and a commitment to client satisfaction, we are the go-to law firm in Sydney & Parramatta for matters related to property transactions, conveyancing, commercial leasing.

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Answers to your questions

What's the difference between a retail lease and a commercial lease?

In NSW, retail shop leases are covered by the Retail Leases Act 1994, which gives tenants extra protections. These include a disclosure statement before signing, a minimum 5-year term (unless waived), limits on the outgoings landlords can recover, and rules about rent reviews. Other commercial leases, such as offices and warehouses, have fewer statutory protections, so the wording of the lease matters even more.

What is a heads of agreement?

A heads of agreement (sometimes called a letter of offer) sets out the key terms of a lease before the formal lease is prepared. It usually covers the rent, term, options, rent reviews, incentives, fit-out and security. It's often stated to be non-binding, but it shapes the lease that follows, and some clauses, such as those about costs or deposits, may be binding. Get advice before you sign one.

What are outgoings?

Outgoings are the costs of running the building that the landlord passes on to tenants. They can include council and water rates, land tax, insurance, cleaning, security and maintenance of common areas. The lease sets out which outgoings you pay and how they're shared between tenants. For retail leases, there are limits on what landlords can recover, so it's worth checking the estimates carefully.

What is a make-good clause?

A make-good clause sets out the condition you must leave the premises in when the lease ends. This might mean removing your fit-out, repairing damage and repainting, or returning the premises to their original condition. Make-good costs can be significant, so it's important to understand the clause before you sign and keep a record of the premises' condition when you move in.

What security will the landlord ask for?

Most landlords ask for a bank guarantee or cash security deposit, often equal to three to six months' rent plus GST. If you're leasing through a company, the landlord may also want a personal guarantee from the directors. This means you could be personally liable if the business can't pay, so get advice before you sign one.

Can I get out of my lease early?

There's generally no automatic right to end a lease early. If you leave, you may be liable for rent until the lease ends or the premises are re-leased. Your options may include negotiating a surrender with the landlord, assigning the lease to a new tenant, or subletting with the landlord's consent. Speak to us before you leave, as the approach you take can make a big difference to what you owe.

Do I need a lawyer to review my commercial lease?

A lease is often one of the biggest commitments a business makes, and most are drafted to protect the landlord. A lawyer will explain your obligations, from rent reviews and outgoings to repairs, make-good and personal guarantees, and negotiate better terms on your behalf. We act for both landlords and tenants, preparing, reviewing and negotiating leases for shops, offices, warehouses and industrial premises across NSW.

When should I engage a commercial lawyer to review my lease?

As early as possible, ideally before you sign a heads of agreement or letter of offer. Once the key terms are agreed, they're much harder to change when the formal lease arrives. You should also speak to us before exercising an option to renew, assigning or subletting the lease, or if a dispute arises with your landlord, as strict deadlines often apply.

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