Lease a commercial property

We review and negotiate commercial leases for tenants, making sure the terms give your business the certainty and flexibility it needs before you sign.

A commercial lease is one of the most significant financial commitments a business can make. The document the landlord offers is drafted to protect their interests, and what you sign today governs your rights for the entire term. We act for tenants to review and negotiate the lease before you commit, so you understand what you are agreeing to and where your risks lie.

What should a tenant consider before signing a commercial lease?

In South Australia, tenants of retail shops have specific protections under the Retail and Commercial Leases Act 1995 (SA), including the right to receive a lessor’s disclosure statement and a copy of the lease before signing, and a cooling-off period in some circumstances. Tenants of non-retail commercial premises do not have the same statutory protections and rely entirely on what the lease documents provide. Key issues for any commercial tenant include the rent and rent review mechanism, the scope of outgoings the tenant is required to contribute to, the make-good obligation at the end of the lease, the ability to assign or sublet if business circumstances change, and the rights available under any option to renew. We review and negotiate commercial leases for tenants to ensure the terms are understood before signing and that unnecessary risks are identified and addressed.

What protections does the Retail and Commercial Leases Act give me as a tenant?

If your lease falls within the Retail and Commercial Leases Act 1995 (SA), you are entitled to receive a lessor’s disclosure statement and a copy of the proposed lease at least seven days before signing, and you have a limited right to terminate in defined circumstances. The Act also restricts certain landlord-favourable provisions and imposes obligations around outgoings disclosure. We advise on whether the Act applies to your lease and what rights it gives you before you negotiate.

What is a make-good obligation and is it negotiable?

A make-good clause requires you to return the premises to an agreed condition at the end of the lease, which can include removing all fitout and reinstating the premises to their original state. The scope of the obligation depends on how the clause is drafted, and an overly broad make-good can be very costly for a tenant with an established fitout. We negotiate make-good provisions to limit the scope to what is reasonable and to ensure the obligation is clear before you invest in a fitout.

Can I assign my lease or sublet if my business circumstances change?

Most commercial leases require the landlord’s consent to assignment or subletting, and the conditions under which consent can be withheld vary by lease. For retail leases, the Retail and Commercial Leases Act 1995 (SA) limits the grounds on which a landlord can withhold consent to assignment. We review the assignment provisions before you sign so you understand your flexibility if you need to exit the lease early or transfer the business.

What does 'outgoings' mean and what am I required to contribute?

Outgoings are the costs of owning and operating the building that the lease requires the tenant to contribute to, which can include council rates, water charges, insurance, and building management costs. The outgoings payable depend entirely on what the lease provides, and broad outgoings clauses can result in significant additional costs above the base rent. We review the outgoings provisions and advise on the likely cost before you commit to the lease.

Lease reviewed before you sign, not after.

Make-good and fitout obligations negotiated to a workable scope.

Rent, outgoings, and flexibility understood before you move in.

The lease offered by the landlord is written to protect them, not you.

What the landlord’s standard lease says about outgoings, make-good, and assignment will govern your position for the entire term. Reviewing it before you sign costs a fraction of what a disputed clause can cost later.

Signing a commercial lease without legal review is a risk your business does not need to take.

You have found premises for your business and the landlord is ready to sign. But the lease is the landlord’s document, and the outgoings, make-good, and default clauses are drafted in their favour. Signing without understanding those terms means you may be committed to obligations that are far more costly than the rent alone.

We will review the lease and advise on the terms that affect your rights and obligations.
We will identify the outgoings exposure, make-good scope, and rent review mechanism.
We will negotiate with the landlord's solicitor to improve the terms where possible.
We will advise on assignment, subletting, and option rights before you commit.

You want your business premises secured on terms that work for you, not just the landlord.

You have found the right premises and the landlord wants to proceed. But the lease they have offered is their standard document, and you do not yet know what it says about outgoings, make-good, or what happens if you need to exit. Signing now would mean committing to terms you have not assessed. You want someone to review the lease and negotiate the terms before you take on the obligation.

What's included in your commercial lease service (tenant)

Retail and Commercial Leases Act advice and rights review.
Full lease review covering rent, outgoings, make-good, and default.
Negotiation of key terms with the landlord's solicitor.
Assignment, subletting, and option advice.
Pre-signing summary of obligations and risks.

What goes wrong when tenants sign commercial leases without review?

Tenants who sign commercial leases without legal review regularly discover obligations they did not anticipate, such as outgoings clauses that include costs they assumed were the landlord’s responsibility, or make-good clauses that require a full strip-out of an expensive fitout at the end of the lease. Assignment provisions that were not negotiated can make it very difficult to exit the lease if the business needs to move or is sold. These problems are identified too late to address without negotiation leverage, and correcting them requires the landlord’s cooperation after you are already locked in.

Here is how we protect your position before you commit.

We review the lease before you sign and provide a clear summary of the terms that affect your rights and your costs. We negotiate with the landlord’s solicitor on make-good scope, outgoings obligations, and assignment provisions so the lease reflects a balanced arrangement. By the time you sign, you know exactly what you are committing to and the obligations have been negotiated to a workable position.

Three steps to a commercial lease you understand and can manage.

Lease reviewed, terms negotiated, obligations understood before you sign.

Review and advise.

We review the lease and advise on the terms that affect your costs, flexibility, and end-of-lease obligations.

Negotiate and improve.

We negotiate with the landlord's solicitor to improve make-good, outgoings, and assignment provisions where possible.

Confirm and commit.

We provide a summary of the final terms so you understand your obligations before you sign and move in.

Commercial property lawyers experienced in lease review and negotiation for tenants across retail and non-retail premises.

Tenants often focus on the rent and the location and overlook the terms that matter most when something changes. We review commercial leases from the tenant’s perspective and negotiate the terms that will affect your business if you need to exit, assign, or dispute an obligation. Our role is to make sure you understand what you are signing and that the terms are as favourable as the market and the landlord’s position allow.

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.

Ready to get your commercial lease reviewed before you sign?

A commercial lease review before you sign is one of the most cost-effective steps a business can take. We act for tenants across Australia to review, advise on, and negotiate commercial leases before commitment. Contact us to discuss the lease and what you need from the terms.

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