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Commercial Leases

In New South Wales, a commercial lease is a lawfully binding agreement that authorises a landlord to rent commercial premises to a tenant. This type of lease is primarily used for non-retail businesses, such as offices, warehouses, industrial spaces, or other non-retail commercial properties.

​The summary of a commercial lease under New South Wales law includes the following key points:

  1. Parties: The lease identifies the landlord (property owner) and the tenant (business entity or individual) involved in the lease agreement.

  2. Premises: The lease clearly describes the commercial property being leased, including its address, boundaries, and any additional areas or facilities included within the premises.

  3. Term: The lease specifies the duration of the lease, including the start and end dates. It may also include provisions for renewal or extension options.

  4. Rent and Payment Terms: The lease outlines the amount of rent to be paid by the tenant, the frequency of payments (weekly, monthly, quarterly, for example), and the preferred payment method. It may also address any provisions for rent increases during the lease term, such as annual percentage-based increases or fixed increments.

  5. Security Deposit: The lease may require the tenant to provide a security deposit, also known as a bond, as a form of financial protection for the landlord. The amount and conditions for the security deposit return are typically specified.

  6. Permitted Use: The lease identifies the approved use of the premises, ensuring that the tenant's business activities align with local zoning and planning regulations. It may include restrictions on certain activities or changes in use without prior consent from the landlord.

  7. Maintenance and Repairs: The lease stipulates the responsibilities of both the landlord and the tenant regarding the maintenance and repair of the premises. It outlines which party is responsible for specific areas or items within the property and sets the expectations for upkeep and repairs.

  8. Insurance: The lease may require the tenant to obtain and maintain particular insurance coverage, such as public liability or property insurance, to protect against unforeseen events or damages.

  9. Assignment and Subleasing: The lease may address the tenant's rights to assign or sublease the premises to another party. It typically outlines the conditions and requirements for obtaining the landlord's consent for such transactions.

  10. Termination: The lease specifies the circumstances under which either party can terminate the lease before the agreed-upon end date. It may outline the notice period required and any associated penalties or consequences.

  11. Dispute Resolution: The lease may include provisions for resolving disputes between the landlord and tenant, such as through mediation or arbitration, following applicable laws.

Landlords and tenants need to review and negotiate the commercial lease terms carefully, seeking legal advice if necessary, to ensure a clear understanding of their rights, responsibilities, and obligations throughout the lease term.

For further information,
please contact us to discuss your needs.

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