Leasing and Licensing Lawyer – Melbourne
Leasing and licensing lawyer – Melbourne
LGM Advisors commercial and retail leasing lawyers Melbourne offer a broad range of premium legal services to assist you with leasing or licensing, whether you happen to be a tenant, landlord, licensor, or licensee. We are able to draft documentation for lease agreements, and can assist you in negotiating or disputing a lease agreement. We deal with retail leases, as well as warehouse and factory leases.
Areas of expertise include:
• Lease offers
• Exit and renewal options
• Lock outs
• Releases for guarantors and outgoing tenants
• Termination of lease
• Exercise of options
• Rent review negotiations
• Representing and advising you during a leasing or licensing dispute (more information in our Commercial Litigation section).
The Retail Leases Act 2003 may apply to you if your premises are used predominantly or wholly for the hire or sale of goods or services by retail, and the occupancy costs equal less than $1 million per annum (includes cost of rent and outgoings).
Retail leases legislation does not apply to:
• Leases made for terms of less than one year, unless they are renewed consecutively
• Tenants who are listed corporations, or a subsidiary of a listed corporation
• Tenants whose business is manufacturing, storage, or wholesaling
• Businesses or premises as determined by the Small Business Minister
As a tenant or landlord, the Retail Lease Act 2003 sets out many rights and obligations which may affect you. These include:
• Section 52 of the Retail Leases Act 2003, landlords are required to maintain leased premises.
• Unconscionable conduct is prohibited on the part of both landlords and tenants.
• Landlords are required to provide tenants with a copy of the signed lease agreement within 28 days of the lease being given to the landlord.
• Retail leases may only end by mutual agreement. Should a tenant unilaterally terminate a lease, the tenant may become responsible for the landlord’s reasonable out of pocket costs for finding a new tenant.
• Tenants can claim compensation for interference from a landlord under some circumstances.
• A landlord is only able to forcibly remove tenant if the lease contains a relocation clause, and then they may only remove them if they are to be provided with a new premises which is ‘reasonably comparable’ in terms of rent and conditions. The landlord must also pay reasonable costs associated with relocation.
• Should a tenant leave a premises without notifying the landlord, and the tenant is no longer paying rent, the landlord may terminate the lease on the basis of abandonment and may take legal action against the tenant to recover damages.
• If a tenant has performed all obligations as outlined in the lease, the landlord must return the tenant’s bond.
To speak to one of our Melbourne-based commercial leasing lawyers, or retail leasing lawyers, that cover all of Leasing and licensing Lawyer- Melbourne, contact us today on +61 3 9832 0608 or email. We are ready and waiting to provide you with quality legal advice regarding your rights and obligations under the Retail Leases Act 2003, or to assist you with any licensing or leasing matters.