Tag: Retail Leasing

Quick answer: Registering a Queensland commercial or retail lease isn’t compulsory, but it’s strongly recommended for leases running over 3 years including options. Registration under sections 71, 184 and 185(1)(b) of the Land Title Act 1994 gives the tenant indefeasibility, protecting their position if the property is later sold. An unregistered lease is still legally […]

If you have a retail property or shop that you wish to rent out in the Northern Territory, you need to be familiar with the fundamental steps in the retail leasing agreement process. There are certain requirement that must be met in order to comply with the Retail Lease Act You might be tempted to […]

Quick answer: Whether a lease is commercial or retail depends on the business conducted, not the document itself. Under the Retail Leases Act 1994, a retail shop lease applies where the tenant serves everyday retail customers or sits in a shopping centre, triggering landlord disclosure obligations. A lease serving trade or wholesale customers instead falls […]

If you have a retail property or shop that you wish to rent out in Victoria, you need to be familiar with the fundemental steps in the retail leasing agreement process. There are certain requirement that must be met in order to comply with the Retail Lease Act You might be tempted to skip these […]

Rent review clauses give the landlord the right to increase the rent at specific, stated intervals.  The intention to increase rent during the term or any further terms of a Lease, must be stated within the Lease Agreement. It is important that the terms of your Lease are clear and easily understood – and this […]

Circumstances may arise when a tenant seeks to sub-let or assign their lease over retail premises. There are strict guidelines on method of seeking consent and whether the landlord is permitted to withhold their consent. If your tenant is seeking consent to sub-let or assign their retail lease, remember: Your tenant must comply with the […]

Quick answer: A commercial lease guarantor is a person or company that agrees to cover unpaid rent if a tenant defaults. This is important when the tenant is a limited-liability company with few assets. Landlords typically ask company directors or shareholders to sign a personal guarantee, sometimes alongside a security deposit of one to six […]

Conducting business with people who you don’t know very well can be risky, especially when large sums of money are involved. Sometimes it’s just not enough to rely on gut instinct or the say so of the parties involved. It is prudent to conduct targeted enquiries or due diligence about the party you are considering […]

If you have a retail property or shop that you wish to rent out in Tasmania, you need to be familiar with the fundemental steps in the retail leasing agreement process. There are certain requirement that must be met in order to comply with the Retail Lease Act You might be tempted to skip these […]

Quick answer: Signing a retail lease correctly matters because a mistake can void a director’s personal guarantee. Under section 127 of the Corporations Act, a company lease needs signatures from two directors, or one director and the company secretary, or a sole director-secretary. If a director is also personally guaranteeing the lease, they must sign […]