LEASES

When you are negotiating terms with a the landlord or tenant regarding a new lease, we advise you:

· In the event where a real estate agent is involved, to forward the Agreement to Lease to your lawyer prior to signing it. This is because once an Agreement to Lease is signed you will be bound by the terms as per the Agreement even if the formal Deed of Lease had not yet been signed

· Whether you are the landlord or tenant, you will need to consider matters such as whether the annual rental is to be PLUS GST or inclusive of GST, maintenance obligations, the outgoings, other terms of lease, rights of renewal, rent reviews, business use of premises, amending the standard clauses regarding each respective parties’ rights and obligations, dispute resolution etc

· As landlord, you may wish to consider having suitable guarantors provided when the tenant is a company

· As tenant, whether you want to have a first right of refusal clause insertedor option to purchase

· As tenant, to consider whether it is necessary to make the lease conditional upon obtaining the Council’s consent if the intended business use differs from prior business usage of the premises

When acting for you in regards to leases, we would also deal with any disputes which may arise during the term of lease.