Leases
A guide to negotiating and drafting retail, commercial and rural leases including assignment, termination, transfer and other related transactions. The commentary covers the Retail and Commercial Leases Act requirements and key practical issues in leasing such as bank or personal guarantees, interruption, outgoings, repairs, renewals, registration and subleases.
Precedents include commercial and retail leases in plain English, agreements to lease, disclosure statements, licences, a library of additional clauses and notices, appropriate letters and all that is required for the quick and accurate production of leases and advice to landlords or tenants. Our comprehensive Retainer Instructions ensures nothing is missed and the client is properly advised.
Recent updates can be viewed at Obiter - News & Updates, via the link above.
Some of the most popular precedents in this publication include:
- Advice to parties reviewing a lease
- LEASE - Retail - Annexures A and B
- LEASE - Commercial industrial - Annexures A and B
- Deed of assignment of lease
- Reply to lessor's solicitor returning executed lease
- Notice to Owners Corporation
MATTER PLAN
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“ Commentaries ”
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“ In the legal profession the term ‘costs’ refers to the fees and other expenses a practitioner charges a client for their professional services and other payments that arise out of the provision of legal services, including disbursements such as court fees. Costs are one of the most heavily ... ”
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“ Energy efficiency information and programs for businesses – sa.gov.au Magistrates Court ”
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“ Papers and Articles – Conveyancing and Property ”
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“ The owner of real estate may allow someone possession of that real estate, giving that person the right to use and enjoy the property to the exclusion of the entire world, including the owner. Such a right is recognised as a proprietary right and thus protected by the law. Ownership of the property ... ”
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“ Residential leases A residential lease is governed by the Residential Tenancies Act. It may be in writing, verbal or implied. At the time a lease is entered into, the lessor must give the lessee the prescribed Information Brochure, which summarises the mutual obligations and rights. For more ... ”
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“ Taking good instructions The use of precedent Retainer Instructions ensures that all important issues are considered, instructions which cannot be contradicted later are recorded, costs discussed and the scope of the retainer clearly defined. ”
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“ VOI ”
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“ Providing a potential lessee with draft lease, a copy of the prescribed Commissioner’s information brochure and a disclosure statement are requirements of the Retail and Commercial Leases Act 1995: s 11 and s 12. Copy of lease and information brochure ”
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“ As equity is prepared to enforce an agreement to lease, it is often said that such an agreement is as enforceable as a lease. This concept has merged with modern legal concepts to establish the principle that, where it would be unconscionable for either party to resile from the agreement, that ... ”
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“ The Retail and Commercial Leases Act applies to premises that are a retail shop or a retail shop and adjacent dwelling. A retail shop lease is taken to have been entered into upon the earliest of: execution of the lease, ”
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“ Defining premises Incorrectly defining or describing the premises may give the lessee a right to damages. ”
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“ Overview The Residential Tenancies Act and its associated regulations apply to most residential tenancy agreements. The Residential Tenancies Regulations 2010 revoked the 1995 general regulations and water rates regulations and prescribed the form of several notices required to be used at ... ”
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“ A lease is fundamentally a contract and the normal rules of privity of contract apply. But a lease also relates to real estate, and property law has by common practice affected more than just the parties to the contract. Rights arising from property law may therefore result in the lease affecting ... ”
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“ Surrender by agreement The parties may agree, or be deemed to have agreed, to terminate the lease by the lessee surrendering, and the lessor accepting the surrender. ”
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“ Options to renew generally require the lessee not to be in default of any covenant as a condition of exercising the right. B S Stillwell & Co P/L v Budget Rent–A-Car System P/L [1990] VicRp 52 ”
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“ The lessee is entitled to a lease that is identical to the expired lease and a renewal does not present the lessor with an opportunity to review the lease. The only justified changes are those necessary to reflect the effluxion of time and any change in the parties. The lessor retypes, prints out, ... ”
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“ A lease is a proprietary interest in land. Like any other proprietary interest it may be used to secure a loan. The lease may provide that the lessee obtain the lessor’s consent before giving a mortgage over the lease. Failure to do this constitutes a breach of lease. On this topic generally see: ”
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“ Unless the mortgagee has consented in writing before the lease of mortgaged land is registered, it is not valid and binding against the mortgagee: s 118 of the Real Property Act. Unless the proposed lessee ensures the freehold mortgagee’s consent to the lease, the lessee is vulnerable to losing ... ”
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“ Disputes Retail ”
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“ A lease is a proprietary interest in land. Like any other proprietary interest it may be used to secure a loan. The lease may provide that the lessee obtain the lessor’s consent before giving a mortgage over the lease. Failure to do this constitutes a breach of lease. On this topic generally see: ”
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“ Unless the mortgagee has consented in writing before the lease of mortgaged land is registered, it is not valid and binding against the mortgagee: s 118 of the Real Property Act. Unless the proposed lessee ensures the freehold mortgagee’s consent to the lease, the lessee is vulnerable to losing ... ”
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“ Original lease Written leases are customarily prepared in duplicate so both the lessor and lessee hold a ‘copy’. The lease forms the basis of the lessee’s right to possess the property and to prove that right they are entitled to hold the original lease. The lessor is entitled to retain the ... ”
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“ The owner of real estate may allow someone possession of that real estate, giving that person the right to use and enjoy the property to the exclusion of the entire world, including the owner. Such a right is recognised as a proprietary right and thus protected by the law. Ownership of the property ... ”
-
-
“ Residential leases A residential lease is governed by the Residential Tenancies Act. It may be in writing, verbal or implied. At the time a lease is entered into, the lessor must give the lessee the prescribed Information Brochure, which summarises the mutual obligations and rights. For more ... ”
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“ Taking good instructions The use of precedent Retainer Instructions ensures that all important issues are considered, instructions which cannot be contradicted later are recorded, costs discussed and the scope of the retainer clearly defined. ”
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“ VOI ”
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“ Providing a potential lessee with draft lease, a copy of the prescribed Commissioner’s information brochure and a disclosure statement are requirements of the Retail and Commercial Leases Act 1995: s 11 and s 12. Copy of lease and information brochure ”
-
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-
-
-
-
-
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“ As equity is prepared to enforce an agreement to lease, it is often said that such an agreement is as enforceable as a lease. This concept has merged with modern legal concepts to establish the principle that, where it would be unconscionable for either party to resile from the agreement, that ... ”
-
-
-
-
-
“ The Retail and Commercial Leases Act applies to premises that are a retail shop or a retail shop and adjacent dwelling. A retail shop lease is taken to have been entered into upon the earliest of: execution of the lease, ”
-
“ Defining premises Incorrectly defining or describing the premises may give the lessee a right to damages. ”
-
-
-
-
-
-
-
-
“ Overview The Residential Tenancies Act and its associated regulations apply to most residential tenancy agreements. The Residential Tenancies Regulations 2010 revoked the 1995 general regulations and water rates regulations and prescribed the form of several notices required to be used at ... ”
-
-
-
“ A lease is fundamentally a contract and the normal rules of privity of contract apply. But a lease also relates to real estate, and property law has by common practice affected more than just the parties to the contract. Rights arising from property law may therefore result in the lease affecting ... ”
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“ Sublease A third party may be introduced to the lease by way of a sublease of the lessee’s interest in the land. A sublease is used when it is intended that the new arrangement will be for a period of time less than the term of the lease. Thus all subleases must terminate at least one day before ... ”
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“ Sublease A third party may be introduced to the lease by way of a sublease of the lessee’s interest in the land. A sublease is used when it is intended that the new arrangement will be for a period of time less than the term of the lease. Thus all subleases must terminate at least one day before ... ”
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“ Surrender by agreement The parties may agree, or be deemed to have agreed, to terminate the lease by the lessee surrendering, and the lessor accepting the surrender. ”
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“ Options to renew generally require the lessee not to be in default of any covenant as a condition of exercising the right. B S Stillwell & Co P/L v Budget Rent–A-Car System P/L [1990] VicRp 52 ”
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“ The lessee is entitled to a lease that is identical to the expired lease and a renewal does not present the lessor with an opportunity to review the lease. The only justified changes are those necessary to reflect the effluxion of time and any change in the parties. The lessor retypes, prints out, ... ”
-
-
-
-
-
“ A lease is a proprietary interest in land. Like any other proprietary interest it may be used to secure a loan. The lease may provide that the lessee obtain the lessor’s consent before giving a mortgage over the lease. Failure to do this constitutes a breach of lease. On this topic generally see: ”
-
“ Unless the mortgagee has consented in writing before the lease of mortgaged land is registered, it is not valid and binding against the mortgagee: s 118 of the Real Property Act. Unless the proposed lessee ensures the freehold mortgagee’s consent to the lease, the lessee is vulnerable to losing ... ”
-
-
-
“ Disputes Retail ”
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-
-
“ Original lease Written leases are customarily prepared in duplicate so both the lessor and lessee hold a ‘copy’. The lease forms the basis of the lessee’s right to possess the property and to prove that right they are entitled to hold the original lease. The lessor is entitled to retain the ... ”
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