Leasing

We can tailor a lease agreement to suit your circumstances which outlines the rights and obligations of both parties. If you are leasing a property, we can advise you on the lease that you are planning on entering into. Our property law team is experienced in all forms of leasing.

How do I negotiate a good lease?

A good lease is one that works for both you and the landlord. Here are some guidelines to consider:

  • Negotiating terms with the landlord
  • Make good – an outgoing tenant needs to remove the fit-out at the end of the lease.
  • Air conditioner – consider who is responsible for it.
  • Assignment – consider tenant getting a release of future obligations.
  • Services to the premises are adequate.
  • Personal guarantees if tenant is a company.
  • Costs – who is to pay for the legal costs?
  • Repaint and / or re-paper to consider at end of lease.
  • Use – is it suitable for the tenant?

Make sure that the permitted use rights under the lease are sufficiently broad enough and if appropriate, exclusive use rights are granted.

  • (x) Zoning by local council needs to be identified and considered.
  • (xi) Landlord obligations for example maintaining hot water service and other fixures.
  • (xii) Heads of agreement may be required by an agent to sign before the lease.

JMA Legal suggests that the heads of agreement be reviewed by it before it is signed off. Even if it is not binding, it may be too late to try and change things later.

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