Lease a commercial property (Owner/Lessor)
We prepare and negotiate commercial leases for property owners, making sure the terms protect your investment and give you proper remedies if the tenant does not perform.
What is involved in leasing a commercial property as an owner?
In South Australia, leases of retail shops are regulated by the Retail and Commercial Leases Act 1995 (SA), which imposes disclosure obligations on landlords, sets minimum lease terms, and restricts certain landlord-favourable provisions. Commercial leases that do not involve retail shops are not subject to the same statutory regime and are governed largely by general contract law, giving the parties greater freedom to negotiate terms. Regardless of the type of commercial lease, the landlord’s ability to recover outgoings, enforce make-good obligations, and terminate for default depends entirely on what the lease documents provide. We prepare and negotiate commercial leases for property owners to ensure the terms are clear, enforceable, and protective of the landlord’s position throughout the life of the tenancy.
Does the Retail and Commercial Leases Act apply to my property?
The Retail and Commercial Leases Act 1995 (SA) applies to leases of retail shops, which includes premises used predominantly for the sale of goods or services by retail where the rent does not exceed the prescribed threshold. If your property is leased for retail purposes and the rent is within the threshold, the Act applies and imposes specific obligations on you as landlord, including the preparation of a lessor’s disclosure statement before the lease is entered into. We advise on whether the Act applies to your particular lease before the documentation is prepared.
What outgoings can I recover from my tenant?
The outgoings recoverable from a tenant depend on what the lease expressly provides. Common recoverable outgoings include council rates, water and sewerage charges, building insurance, strata levies, and land tax in some circumstances. We draft outgoings provisions clearly so that the amounts recoverable are certain and enforceable, and advise on what the Retail and Commercial Leases Act 1995 (SA) permits in the case of retail leases.
What is a make-good obligation and how do I protect it?
What happens if my tenant defaults or stops paying rent?
Lease drafted to protect your position from day one.
Disclosure obligations met so the lease cannot be challenged.
Negotiation managed so you do not concede more than is necessary.
The lease you sign today governs your rights for the entire tenancy.
A commercial lease that protects the tenant more than the landlord is a liability, not an asset.
- We will advise on whether the Retail and Commercial Leases Act applies and what it requires of you as landlord.
- We will prepare the lease and any required disclosure statement.
- We will negotiate with the tenant's solicitor and advise on terms that should not be conceded.
- We will manage execution and registration if the lease term requires it.
You want a tenant and the income that comes with it, but not a lease that leaves you without remedies when things go wrong.
What's included in your commercial lease service (owner)
- Retail and Commercial Leases Act compliance advice.
- Lessor's disclosure statement preparation (retail leases).
- Lease preparation covering rent, outgoings, make-good, and default.
- Negotiation with the tenant's solicitor.
- Execution and registration management.
What goes wrong when commercial leases are not drafted carefully?
Here is how we protect your investment for the life of the tenancy.
Disclosure met, lease drafted, tenancy in place on your terms.
Advise and prepare.
We advise on the applicable regime, prepare the disclosure statement if required, and draft the lease to protect your position.
Negotiate and finalise.
We manage negotiation with the tenant's solicitor and advise on which terms are essential to maintain.
Execute and register.
We manage execution and registration of the lease where required and confirm the tenancy is properly documented.
Commercial property lawyers experienced in leasing for landlords across retail and non-retail commercial premises in South Australia.
We understand you want to know the cost, before we get started.
We will map out our process, from beginning to end, so you know what the journey will look like before you get started.
We will provide you with a clear and detailed Work Proposal covering each step along the way.
Our fair fees are all-inclusive. No hidden costs for telephone calls, emails, photocopying, couriers, or coffee.
Our great lawyer guarantee
We want to be part of your team over the long term. We achieve this by adhering to these core principles:
Take the time
We listen carefully to understand what you want to achieve. Then we thoroughly explain our advice and step you through the documents. You can be sure you know the full consequences.
Share our knowledge
We will pass on as much knowledge as we can, so you can make your own informed decisions. We want to make you truly independent.
Stick to our knitting
We only do what we're good at. You can be confident that we know what we're doing and don't pass on the cost of our learning.
Work as one team
Someone will always be available to answer your questions, or point you in the right direction. You will also benefit from a range of perspectives and experience.
Fair pricing
For advice and documents, we provide a fixed or capped quote so you don't take price risk. If you're in a dispute, we map out the process and costs so you know what to expect.
It's your show
We're not in this for our egos. We're in it for a front row seat to witness your success.
