Leases

Whether you are a landlord, a tenant or a prospective tenant, you should obtain legal advice regarding any lease before you sign the lease or take possession of the new premises.

If you are a landlord

Lewis & McNamara can assist you in the preparation of a new lease, assignment or extension of an existing lease, retail shop lease disclosure documentation and enforcement of the terms of your lease in the event that your tenant is in default.

If you are a tenant

Lewis & McNamara can provide you with advice in relation to the terms of a proposed lease so that you are fully aware of what you are signing up for. We can also provide you with assistance in circumstances where you have found someone to take over your lease or you have reached the end of a lease term and you need to exercise an option or negotiate a new lease.

Particular care should be taken when entering into or assigning a retail shop lease. There are strict regulations in relation to retail shop leases and the failure to comply with those regulations may mean that your lease could be voidable leaving you out of pocket. The Retail Shop Leases Act 1994 provides that the parties to a new lease or an assignment of a lease must give disclosure to one another. The landlord must inform the proposed tenants of the terms of the lease and the proposed tenant must inform the landlord of their financial standing and business experience. The tenant must also obtain independent financial and legal advice before entering into the lease.

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