Business and commercial
Understand the lease before the premises shape your business.
Rent is only one commercial lease obligation. The term, options, outgoings, permitted use, fit-out, repair, guarantees, assignment and default provisions can affect the business for years.
Conflict clearance and written engagement are required before the firm acts.Quick answer
What should a commercial lease lawyer check before you sign a lease in Perth?
Rent is only one commercial lease obligation. A lease review checks the correct tenant entity and guarantors, the term, options and notice dates, rent reviews, outgoings, permitted use, fit-out and make-good, assignment and default provisions — terms that can bind a business for years. Retail-shop leases may attract extra statutory protections.
- Rent is only one of many obligations in a commercial lease.
- Term, options, outgoings and guarantees can bind you for years.
- A personal guarantee can expose you beyond the company.
- Retail-shop leases may carry extra statutory protections and disclosure.
- Review before signing, before an option date, and before assigning or selling.
Jurisdiction: Western Australia.
What we review
- Correct tenant entity and guarantors.
- Retail-shop legislation where applicable.
- Term, options and notice dates.
- Rent reviews and market-rent process.
- Outgoings and operating costs.
- Permitted use and exclusivity.
- Fit-out, make-good, repairs and maintenance.
- Assignment, sublease and sale of business.
- Insurance, indemnities and default.
How much does a commercial lease review cost?
The cost depends on the length and complexity of the documents, whether it is a retail-shop lease, and whether you need explanation only, written advice, negotiation or amendments. Guarantees, incentives, fit-out works, options, outgoings and make-good obligations can materially increase the work.
- Initial document review - lease, offer, disclosure statement and related documents.
- Written issues report on material legal and commercial risks.
- Consultation on priorities, risk and negotiation strategy.
- Negotiation with the landlord, agent or landlord's solicitor.
- Reviewing or preparing amendments.
- Advice on guarantees and security obligations.
Fees and scope
Legal Care does not publish fixed prices online. After an initial consultation we provide a written, fixed-fee quote that states which services (review, report, negotiation, amendments) are included.
COMMON QUESTIONS
Frequently asked questions
What is the difference between a retail and a commercial lease?+
Retail-shop leases can attract additional statutory protections and disclosure requirements. Whether they apply depends on the premises and use, which should be checked before signing.
Should I sign a personal guarantee?+
Guarantees can expose you personally beyond the company. Understand the extent, duration and release conditions before agreeing, and take advice on alternatives.
What is make-good?+
Make-good obligations require you to return the premises to a defined condition at the end of the lease. The wording matters and can be costly, so review it before signing.
Can I assign the lease when I sell the business?+
Most leases allow assignment with the landlord's consent on conditions. The lease terms and any guarantees affect how a sale of business proceeds.
How much does a commercial lease review cost?+
It depends on the document length and complexity, whether it is a retail-shop lease, and whether you need review only or review plus negotiation and amendments. Legal Care does not publish fixed prices online; after an initial consultation we provide a written, fixed-fee quote stating exactly what is included.