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Tag: Retail Leasing

“Assigning” and “subletting” may sound like similar terms, but they are vastly different and serve a different function. Click to see Larger Version In an Assignment of Lease – the tenant steps out of the Lease and a new third party called the Assignee steps into their shoes. The Assignee takes over the rights and […]

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If you have a retail property or shop that you wish to rent out in West Australia, 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 skip […]

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Even where every effort has been made to negotiate a fair lease, issues can nevertheless arise between the landlord and tenant in commercial and retail leases. The first step when dealing with a dispute, is to read the terms of your lease carefully. Often, there will be a dispute resolution clause which will outline in […]

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Yes, you can sublease commercial or retail premises, provided that the terms of your Lease do not prevent you from doing so. Generally, a Lease will allow a tenant to sublet the whole or part of the premises, provided that the Landlord has first consented in writing.  The Lease will often set out the procedure […]

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Do I need to register my commercial or retail lease? Some state laws require you to register the lease as a matter of course.  Other states generally don’t require leases to be registered, or leave it up to you as to whether you wish to do so or not. The information below outlines the rules […]

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Do I need to register my commercial or retail lease in Victoria? Some state laws require you to register the lease as a matter of course.  Other states generally don’t require leases to be registered, or leave it up to you as to whether you wish to do so or not. The information below outlines […]

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Signing a retail lease is one of the most important business decisions you will make. It is therefore essential that your retail lease feature clear and explicit negotiated terms so that both parties are clear on how the lease is intended to operate. In other words you need to make sure that your lease says […]

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A popular strategy among business owners is to purchase (or transfer) their business premises into a Self Managed Superannuation Fund (SMSF).  The business property is then leased to the business entity (or individual) as the tenant. Even if your SMSF does not have the full purchase amount, SMSF’s can borrow money in their own right […]

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It is common for a lessee to sub-let part of the premises they occupy to a sub-lessee. A contractual relationship is formed between the head lessee and the new sub-lessee, which is separate to the relationship between the landlord and the head lessee (see diagram). Both of these agreements may provide an option to renew […]

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Retail lease transactions are heavily regulated in Australia. In most states and territories, retail tenants have the right to a minimum 5 year lease term.  This minimum term includes the initial term plus any option periods, so a lease of 3 years, plus an option for a further 3 years will satisfy the 5 year […]

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