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Commercial Leasing

"a very practical operator"

‪Justin is a very practical operator with strong knowledge of the law but also commercial practices which gives him a unique view of business within the legal profession.

‪Geoff Hartigan, Director at Bedford Chartered Accountants

12 August, 2008, Geoff was Justin's client

What is commercial leasing?

Commercial Leasing is a very important part of any business.  After all you either are in need of the space or you have the space to let to someone.

Getting the documents right

The important thing here is to document the agreement from the start.  This means that down the track, when the initial negotiations have been forgotten, there is a document detailing the rules governing your relationship with the other party.

Justin Betar and Richard Trayer specialise in commercial leasing handling significant leases for shopping centers, office buildings, retail buildings and districts and more with over 40 years of combined experience in this area.  Justin and Richard have acted on 1000's of leases for both landlord and tenants.  

Acting for both lessors (landlords) and lessees (tenants) and have extensive experience with respect to tailoring the right lease. Whilst most leases are boilerplate agreements, your circumstances, your business, your property, your agreement with the landlord or tenant are all unique to you. 

"The lease needs to be tailored to fit your circumstances and needs." 

This is where we can help you with our experience and understanding.  Retail leasing is a heavily regulated area and a significant proportion of leasing work is this area.  Tailored leases for commercial office buildings have been prepared by Justin, as well as for large industrial estates.  

It has been our experience that landlords prefer a tailored approach.  Time is taken to prepare a master lease for a shopping center, an office building or an industrial estate which provides consistency for leasing managers.  Justin likes to work closely with landlords to ensure that sites are visited and and different attributes are understood so that the lease terms are adapted. This enables a streamlined approach to each lease and ensures that retail leasing managers are dealing with the same document, rather than and miss-mash of leases.

We also have experience in resolving leasing disputes which occur from time to time.  Negotiation and mediation are our preferred methods of enabling lease disputes to be resolved.  Approximately 95% of lease disputes that we manage stay away from courts or tribunals.

Examples of leasing work we do

We can help you with the following:

  • Drafting Leases, including Head Leases and Subleases
  • Preparing site specific leases for shopping centers, commercial offices (commercial leases) and industrial leases.
  • Varying Leases/ Renewal Options
    Preparing Incentive Deeds
  • Terminating or Getting Out of Leases
  • Representing clients in Lease Disputes – lessor and lessee (e.g. claims for abatement of rent, for rectification and more)
  • Acting for Lessors (landlord) or Lessees (tenants) in Breach of Lease
  • Acting for Lessors in issuing Notices of Default
  • Acting for Lessor in Unlawful Use of Premises
  • Arranging for appropriate Bank Guarantees

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