Leasing

When acting for a landlord, the landlord’s solicitor usually prepares the lease. Hogan Stanton Lawyers can prepare a hassle-free lease which contains all the relevant terms and conditions to protect your ownership and clearly identifies all rights and responsibilities of both the landlord and tenant.

If a retail shop lease, the landlord’s costs are paid by the landlord. In all other cases they are paid by the tenant.

When acting for a tenant we strongly recommend the following:

♦  You do not sign a letter of offer or letter of intention, lease handed to you by the letting agent or pay any deposit without solicitor’s approval

♦  You make sure you do not sign any document without ensuring you get a full refund of the deposit if the lease does not go ahead

♦  You should have a solicitor thoroughly check the lease before you sign for your protection and to minimise disputes

♦  If you a leasing a retail shop it is essential that you are fully aware of the provisions of the relevant legislation governing retail shop leasing

♦  You negotiate on the terms of the lease to ensure that its terms are fair

♦  We check that the lease reflects the commercial terms agreed to

♦  We establish if a mortgagee’s consent to the lease is needed

♦  We ensure the title to the premises to be leased is clear

♦  We advise you on the operation of the relevant retail shop leases legislation

♦  We advise you on your responsibilities under the body corporate rules if the premises are part of a community title

♦  We advise you of the effect of easements or other competing interests

♦  We advise you on your obligations under the lease

♦  We advise you on whether the lease needs to be registered to protect your rights

♦  We advise you on government fees and charges

Please ask us about the legal costs in settling your lease.