Leasing

Our team is renowned in the market for its dedicated, full service offering in the industry. Focused exclusively on the complexities of managing landlord-tenant relationships, we know how often even the most ‘standard’ procedures require expert understanding, commerciality and attention to detail.

We are currently retained by a number of publicly listed A-REITs and major corporations to do all the leasing work in relation to:

  • major CBD office buildings in Sydney and Brisbane

  • more than 20 industrial parks and buildings in New South Wales and Queensland

  • commercial and industrial sites (including marinas) and more than 30 shopping centres, Australia-wide.

We advise on risk allocation including dove-tailing back-to-back building contracts and lease pre-commitments, incorporating relevant design and construct and liquidated damages provisions. We advise on all manner of issues arising out of leases, including tenant default and/or insolvency, market rent reviews, assignment, make good, and re-entry and forfeiture.

Our clients - Australia’s largest A-REITs, property developers and property holders - benefit from the use of our exemplary tailored pro forma documentation, our diverse experience base, and our extensive industry knowledge and standing. We work closely with the broader PReal Estate & Construction team to offer a fully integrated service.

Credentials

Lease default issues: We advised a real estate investment trust on a major tenant default (rental income of over $1 million per annum). Our advice covered all aspects of the breach, from issuing notices and terminating the lease, to drawing on bank guarantees, post-termination issues, dealing with insolvent tenant issues and advising on taking action for recovery.

Minor building works contracts: We manage minor works contracts for the entire portfolio of one of Australia’s largest A-REITs, including building services contracts and professional services contracts. Our clients value our close working relationship with their management team and contractors, our 48 hour turn-around commitment, and our regular easy-scan reports that ensure they are always across the detail.

Asset/portfolio management: We work closely with asset managers in preparing leases for CBD commercial buildings, industrial premises and large regional shopping centres, from drafting and examining lease agreements and licence documents, to preparing disclosure statements, consents, assignments and variations.

Landlord & tenant alerts

September 2017: New retail trading hours regime goes live in Queensland
August 2017: How can landlords and tenants avoid ‘make good’ disputes?
July 2017: Navigating retail leasing disputes in NSW: 10 questions answered
June 2017: Resolving retail leasing disputes in Victoria: change ahead with establishment of Small Business Commission
May 2017: High Court delivers judgment on lease interpretation, highlights importance of clarity and precision in drafting
April 2017: A refurb for the Retail Leases Act in New South Wales
March 2017: Building brands by branding buildings
February 2017: How time can be a commercial deal-breaker – and what to do about it
January 2017: Discovery of asbestos in imported construction materials reignites liability concerns for Australian businesses
December 2016: High Court rules: a demand under a guarantee must comply with the terms of the guarantee
December 2016: Careless legal drafting can land you in the High Court
November 2016: More commercial buildings to be captured by energy efficiency disclosure legislation
October 2016: Queensland's new Retail Shop Leases Act changes are almost here!
September 2016: Can a landlord force a retail tenant to open its doors and trade?
August 2016: Be careful what you say – observations on estoppel claims in commercial lease negotiations
July 2016: What’s in a name? High Court to rule on enforceability of bank guarantees naming incorrect beneficiary
June 2016: Change ahead for landlords and tenants in Queensland - Retail Shop Leases Act amendments on the way
May 2016: High Court decision highlights the impact of legislative change on contractual obligations
April 2016: Commercial leasing and consequential loss
March 2016: The trouble with agreements to agree and the obligation to act in good faith
February 2016: ADR clauses: are they meeting expectations?
January 2016: A refresher on lease duties in New South Wales
December 2015: Indemnities and releases under commercial leases
November 2015: Tenants’ insurance obligations under commercial leases
October 2015: Spotlight on 'Environmental Upgrade Agreements' in New South Wales
September 2015: Resolving statutory illegality in landlord and tenant disputes
August 2015: When lease negotiations become legally binding
July 2015: Smokers move on - more areas declared ‘smoke free’
June 2015: When the end is nigh: terminating leases and agreements for breach
May 2015: The law of nuisance: are landlords or tenants to blame?
April 2015: Market rent reviews: is time of the essence?
March 2015: Surrender and unintended consequences: What happens to a sublease when you surrender a head lease?
February 2015: Quiet enjoyment – what does it mean?
January 2015: Could your permitted use covenants breach competition laws?
December 2014: Exercising an option to renew: don't be timed out
November 2014: Going once, twice, SOLD. The Emissions Reduction Fund for landlords
October 2014: Exploring standard lease terminology: What are ‘best endeavours’ and ‘reasonable endeavours’? And when should you use them?
September 2014: Exploring standard lease terminology: What is ‘fair wear and tear?’
August 2014: Exploring standard lease terminology: What is 'base building condition?'
July 2014: Leases of Managed Investment Scheme premises: Who can bring proceedings on behalf of the landlord?
June 2014: Assessing damages for breach of make good obligations
May 2014: After a tenant defaults: Proving loss of bargain damages
April 2014: Do you have permission? Navigating "permitted use" in a lease
March 2014: Permitted use for retail premises: it is allowed but is it exclusive?
February 2014: Agreements for lease: Back to basics
January 2014: A tenant's right to compensation on resumption of land: the devil's in the detail
December 2013: The Willmott decision - what comes next?
November 2013: Responding to a shooting threat at your premises
October 2013: Bank guarantees vs cash bonds - what is the difference for landlords?
September 2013: UK branding dispute highlights how trade marks can be an important tool for property owners
August 2013: Assignment of lease: tips on dealing with a request to assign
July 2013: Service station leases: Ensuring the lease is manageable and saleable
June 2013: Integrating solar PV with the commercial property sector - can it be done? (Part 2)
May 2013: Landlord & Tenant alert: Make good, 'fixtures' and the impact of the PPSA
April 2013: Landlord & Tenant alert: Integrating solar PV with the commercial property sector: can it be done?
March 2013: Landlord and Tenant alert: Effective negotiation - practical tips and common mistakes
February 2013: What will happen to Australia's Carbon Pricing Mechanism if the Coalition is elected?
January 2013: Landlord and Tenant Alert: Sustainably greener
December 2012: Landlord and Tenant Alert: Commercial leasing in Canberra - capitalising on local expertise in a unique market
November 2012: Landlord and Tenant Alert: Disclaimer of lease by a landlord's liquidator
October 2012: Landlord and Tenant Alert: Options to renew leases - saying what you mean and meaning what you say
September 2012: Landlord and Tenant Alert: Owners and tenants - heading for a fall?
August 2012: Landlord and Tenant alert: Protecting your assets - building names and trade marks
July 2012: Landlord and Tenant Alert: Negotiations - sorting out the issues
June 2012: Landlord and Tenant alert: ACCC issues guidance for businesses in relation to carbon price claims
May 2012: Landlord and Tenant alert: Carbon price impact on lease transactions
April 2012: Landlord and Tenant alert: Market rent reviews and expert determinations
March 2012: Landlord and Tenant alert: Does the PPSA impact on leasing transactions?
February 2012: Landlord and Tenant alert: NABERS gain, tenant pain?
January 2012: Landlord and Tenant alert: The impact of competition law on leasing
December 2011: Landlord and Tenant alert: Be wary of consenting to the use of your property’s name by others
November 2011: Landlord and Tenant alert: Can a tenant stop paying rent? And what can a landlord do about it?
October 2011: Landlord and Tenant alert: Building Energy Efficiency Disclosure Scheme
September 2011: Landlord and Tenant alert: Don’t Bank on your Guarantee
August 2011: Landlord and Tenant alert: Tenant default - the fine line between commercial resolution and legal remedy
July 2011: Landlord and Tenant alert: Security over Tenant's fixtures
June 2011: Landlord and Tenant alert: Deed of Agreement for Lease Fails- 400 George St (Qld) Pty Limited v BG International Limited [2010] QCA245
May 2011: Landlord and Tenant alert: Potential changes following exhibition of Retail Leases Amendment Bill (NSW) 2011
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Contacts
Senior Associate
T +61 7 3100 5047
 
Recent News and Publications
27 Sep 2017
Landlords and tenants of retail premises take note – there has been significant change to the regulation of trading hours for retail shops in Queensland, with the Trading (Allowable Hours) Act (Qld) 1990 (Act) having had its first major overhaul in more than 20 years.
30 Aug 2017
When a lease is being negotiated, landlords and tenants often pay little attention to the ‘make good’ provisions in the lease. As these clauses relate to what the tenant must do at the expiry or earlier termination of the lease, they are often glossed over as something that can be dealt with later.
08 Aug 2017
Electronic conveyancing commenced in NSW in 2013, allowing (but not requiring) lenders to electronically lodge mortgages and discharges of mortgages through Property Exchange Australia (PEXA).