Experts in providing legal advice to landlords and tenants in relation to commercial, industrial and retail leases.

Conditsis Lawyers have extensive experience in providing legal advice to landlords and tenants in relation to commercial, industrial and retail leases. We can prepare and review lease documentation for a wide variety of properties ranging from small and large office spaces to premises for manufacturing, retail, restaurants and warehousing purposes.

As well, we can advise clients in regard to potential or alleged breaches of lease and the interpretation of specific lease provisions. We additionally provide assistance in the negotiation and the preparation of documentation for subleases, assignments and surrenders of leases.

In our leasing practice, we can prepare and review:

  • Leases
  • Agreements for Lease
  • Deeds of Assignment of Lease
  • Fit-Out and Incentive Agreements
  • Subleases
  • Real Property Licences
  • Car Space Agreements

When you need a Commercial lawyer, you’ll find that the team at Conditsis Lawyers have the experience you need to obtain the best possible outcome for your commercial legal needs.

  • What should I do if I am buying a business?

    You will need to get advice from a number of people including your accountant, your bank manager and your solicitor. If you have not owned a business before, there are a number of courses that provide essential information for running a business.

  • What matters would my solicitor advise me on?

    We can advise you on the best structure for your business, capital gains tax and GST implications for your business, any lease of property that you may require for the business premises, details of any licences or approvals necessary for the operation of your business. We can also make various enquiries as to the vendor’s capacity to sell the business and also any fittings, plant and equipment included in the sale.

  • What is a franchise?

    Various businesses are run as franchises where the product or services are actually owned by the franchisor. The franchisor usually requires you to sign a franchise agreement setting out the terms of the franchise including the area of operation and fees payable for the franchise. Examples of franchises and McDonalds, KFC and Dymocks Book Shops. You should obtain independent legal advice regarding the terms of the franchise agreement proper to signing any such agreement.

  • What if I want to start a new business?

    You will have to decide the best structure for you to establish your business for example, as a company, partnership, sole trader or trust. Your solicitor and accountant can give you advice on each of those structures and which would best suit your needs.

  • What matters are covered in a commercial Lease?

    The annual rent that must be paid, whether or not the tenant should pay the outgoings, any annual or other increases in rent and the term of the lease. Normally, GST is passed on to the tenant, who can claim an ‘Input Tax Credit’ on GST paid.

  • What is a Disclosure Statement?

    This has to be provided by the landlord to the tenant prior to execution of the lease. It sets out the essential terms and conditions of the proposed lease and any warranties that are applicable.

  • What if the premises are damaged through no fault of the tenant?

    TThe lease should provide for the rent to abate and/or give you the right to terminate if repairs are not carried out promptly.

  • Can I transfer the lease to someone else?

    Usually a lease provides for this with the landlord’s consent however, landlords normally do not release the old tenant from liability under the lease if the new tenant breaches the lease, by, for example, not paying the rent.

  • Can I transfer the lease to someone else?

    Usually a lease provides for this with the landlord’s consent however, landlords normally do not release the old tenant from liability under the lease if the new tenant breaches the lease, by, for example, not paying the rent.

  • GST – a nightmare for business?

    Most suppliers of goods and/or services have to pay ten percent (10%) of the price as a tax to the government. There are some exceptions, such as fresh foods and medical supplies and services. The liability may be passed on to the purchaser by adding ten percent (10%) to the price. Business operators can generally claim an ‘input tax credit’ on GST paid for business inputs against the GST collected from consumers.