Home » Take a lease on premises for your business

Take a lease on premises for your business

We review and negotiate commercial leases for tenants, so you know what you are committing to before you sign.

A lease is usually the biggest fixed commitment a small business makes, and the longest. The document in front of you was written by the landlord’s solicitor, for the landlord. We act for tenants. We read it and tell you what it will cost beyond the rent. Then we negotiate the terms that decide whether you can get out if the business changes.

Speak to a lawyer What is included

The real occupancy cost, up front

You find out what the outgoings add to the rent before you sign, not at the first annual reconciliation.

Make-good scoped to something survivable

The reinstatement obligation is negotiated against the fitout you are installing, so the exit does not arrive as an unbudgeted bill.

A lease you can hand on

Assignment and subletting terms are negotiated so you can still sell or relocate the business during the term.

What a tenant should look at before signing

Tenants of retail shops have protections under retail leasing legislation in each state. Those include a lessor’s disclosure statement and a copy of the lease before signing, and limits on some landlord-favourable terms. Tenants of non-retail commercial premises have none of that. What the document says is what you get.

Four things decide what a lease really costs. The rent and how it is reviewed. The outgoings you have to contribute to, which can add a great deal to the headline figure. The make-good at the end, which on a fitted-out tenancy can run into serious money. And whether you can assign or sublet, which determines whether you can sell the business or move.

The rent is the number everyone negotiates. The other three are where the surprises live.

Speak to a lawyer

What protections do I have as a retail tenant?

For a retail shop, the landlord has to give you a disclosure statement and a copy of the proposed lease before you sign. Those protections come from your state’s retail leasing legislation, which also limits some landlord-favourable terms. Not every lease is covered, so we confirm whether yours is before you start negotiating.

Is the make-good clause negotiable?

Usually yes, and it is worth doing. Make-good requires you to return the premises to an agreed condition, which can mean stripping out a fitout you paid for. The scope depends entirely on the drafting. We negotiate it to something reasonable and get it agreed before you invest in the fitout, not after.

Can I assign the lease or sublet if things change?

Most leases need the landlord’s consent, and the grounds for refusing vary a lot. For retail leases the legislation limits when consent can be withheld. This clause decides whether you can sell the business or relocate, so we review it before you sign rather than when you need it.

What are outgoings and what will I have to pay?

Outgoings are the costs of running the building that the lease passes on to you. They can include council rates, water, insurance and building management. A broad clause can add a lot to your real occupancy cost. We review the clause and give you an estimate of the annual figure before you commit.

The landlord's lease was written to protect the landlord

What the standard lease says about outgoings, make-good and assignment governs your business for the whole term. Reviewing it beforehand costs a fraction of what a single one of those clauses can.

The lease is the landlord's document, and it was not written with you in mind

You have found premises and the landlord is ready to sign. The rent works and you want to get trading.

But the outgoings, make-good and default clauses were drafted for the other side. Signing without reading them properly commits your business to obligations that can cost far more than the rent. And you sign at the one point where you still have room to change them.

We will review the lease and advise on the terms that affect your rights and your costs.
We will identify the outgoings exposure, the make-good scope and the rent review mechanism.
We will negotiate with the landlord's solicitor to improve the terms where the position allows.
We will advise on assignment, subletting and option rights before you commit.

You want the premises on terms your business can live with

You have found the right site and the landlord wants it signed. Everything is pointing at getting on with it.

But you have not been told what the outgoings will add, or what the make-good will require when you leave. You do not know whether you can assign the lease if you sell the business. You would be committing to a document you have not assessed, for a term measured in years. You want it reviewed and the important terms negotiated first.

What's included in your commercial lease service for tenants

Speak to a lawyer

Advice on which leasing regime applies and what protections you have.
Full lease review covering rent, outgoings, make-good and default.
Negotiation of the key terms with the landlord's solicitor.
Advice on assignment, subletting and option rights.
A plain-English summary of your obligations before you sign.

What goes wrong when tenants sign without review

Outgoings are the first surprise. A broad clause can pass on costs most tenants assume are the landlord’s. It arrives as an annual reconciliation rather than a negotiation, and the real occupancy cost turns out to be well above the agreed rent.

Make-good is the expensive one. A clause requiring the premises to be returned to base building means stripping out the fitout you paid to install. Businesses reach the end of a lease and find an exit bill of tens of thousands they never budgeted for.

Assignment is the one that traps you. If the landlord can withhold consent broadly, you cannot easily sell the business or move, because the lease goes with it. A buyer walks, and you keep paying rent on premises you have outgrown.

All three are negotiable before you sign. None of them are afterwards.

How we get you into the premises on workable terms

We review the lease and give you a plain summary of what it costs and what it commits you to. Not a marked-up document to interpret, but the position in terms you can act on.

We negotiate with the landlord’s solicitor on the points that matter for your business. Make-good scope, the outgoings you contribute to, rent review, and assignment.

By the time you sign, you know the real annual cost and what you have to do when you leave. You know whether you can hand the lease on. The decision is yours, and it is an informed one.

Three steps to a lease you can live with

Lease reviewed, terms negotiated, obligations clear before you sign.

Review and report

We read the lease and give you a plain summary of the costs, the flexibility and the end-of-lease obligations.

Negotiate the terms

We deal with the landlord's solicitor to improve make-good, outgoings and assignment provisions where the position allows.

Confirm and sign

We confirm the final terms so you know exactly what you are committing to before you take possession.

Tenant-side lease review and negotiation, before you commit

Tenants negotiate the rent and the fitout contribution, because those are the numbers in front of them. The clauses that decide what happens if the business grows, shrinks or sells usually go through untouched. Those are the ones we read first.

We review commercial leases from the tenant’s side across retail and non-retail premises. We price the outgoings exposure. We scope the make-good against the fitout you are about to install. We negotiate assignment so you can still sell the business in three years. We are an ISO 9001 accredited practice. How your matter is run, who does the work and what you get told are all defined and externally audited.

Our great lawyer guarantee

Six principles we hold to, whatever you bring us and however long it takes.

Take the time

We listen carefully to understand what you want to achieve, then step you through the advice and the documents.

Share our knowledge

We pass on as much as we can, so you can make your own informed decisions.

Stick to our knitting

We only do what we are good at, so you never pay for our learning.

Work as one team

Someone is always available to answer your question or point you the right way.

Fair pricing

A fixed or capped quote for advice and documents, so you do not carry the price risk.

It is your show

We are in it for a front row seat to witness your success, not for our egos.

Ready to have the lease reviewed before you sign

A lease review before signing is one of the cheapest things a business ever does, measured against what it prevents. We act for tenants on retail and commercial premises, reviewing and negotiating the terms that matter. Send us the lease and we will tell you what it commits you to.

Speak to a lawyer 1300 654 590