Commercial Leasing Lawyers Perth and Western Australia

Venturing into a commercial lease represents a significant undertaking, and obtaining sound legal advice is imperative, particularly for those starting a new business. Such advice is invaluable during negotiations to establish favourable lease terms, ensure compliance, and avoid costly future disputes.

Our team of experienced commercial lease lawyers act for clients across Perth and the wider Western Australia region, providing comprehensive support in lease negotiations, leasing disputes, and incisive advice on retail and commercial leases.

Commercial Leasing Services

Our Perth commercial lawyers can assist with the following commercial leasing matters:

  1. Negotiations for Commercial and Retail Leases: Assisting in negotiating the terms and conditions of commercial leases to safeguard clients’ interests.
  2. Lease Drafting for Commercial and Retail Leases: Preparation and drafting of commercial lease agreements to ensure legal compliance and protect clients’ rights.
  3. Commercial and Retail Lease Review: Thoroughly reviewing existing lease agreements to identify potential risks and areas for negotiation.
  4. Offer legal advice on and draft Disclosure Statements in adherence to legal requirements.
  5. Dispute Resolution: Representing clients in resolving leasing disputes related to commercial leases, including rent disputes, breach of contract, and lease terminations, through negotiation, mediation, or litigation.
  6. Subleasing and Assignment: Advising and assisting in subleasing or assigning a lease, including ensuring compliance with relevant provisions and obtaining necessary consents.
  7. Lease Renewals and Extensions: Assisting clients in renewing or extending their commercial leases.
  8. Make Good Obligations: Providing advice and representation regarding ‘make good obligations’ at the end of a lease term.
  9. Rent Reviews: Assisting with rent reviews to ensure they are carried out in accordance with the lease terms and applicable legislation.
  10. Compliance with Statutory Obligations: Ensuring that the lease agreements and practices comply with relevant state and federal legislation, including the Commercial Tenancy (Retail Shops) Agreements Act 1985 (WA).
  11. Property Management Advice: Providing advice on property management issues and obligations related to commercial leasing.
  12. Exit Strategies: Advising on and implementing strategies for exiting a lease prior to the end of the term.
  13. Recovery of Possession: Assisting landlords in recovering possession of a leased property where the tenant is in breach of the lease.

Commercial Lease Types We Assist With

  1. Retail Leasing: Providing specialised legal assistance for retail leases, including shopping centres and standalone retail premises.
  2. Industrial Leasing: Catering to the unique requirements of industrial properties, including warehouses and manufacturing facilities.
  3. Office Leasing: Assisting with the leasing of office spaces, and advising on the specific conditions and regulations applicable to office leases.

Speak To a Commercial Lease Lawyer

Errors or disagreements concerning commercial leases can take a toll on your revenue, hinder your business operations, and consume both finances and time.

At Summers Legal, our extensive knowledge in commercial leasing ensures that business owners, whether of new or existing businesses, receive premium legal services.

We take great pride in adopting a bespoke approach to reviewing and drafting commercial lease agreements. We diligently tailor each lease agreement to meet the distinctive requirements and objectives of our clients, ensuring that the terms are finely tuned to support their specific business goals and needs.

Our law firm efficiently supports landlords and tenants by drafting, negotiating, and reviewing lease agreements, as well as resolving disputes. Engaging our lawyers for your commercial lease matters results in streamlined processes, quick turnaround, minimised risks, and favourable terms for all parties involved.

Whether you are a landlord or a tenant, a large corporation or a small business owner, let us cater to your legal needs, saving you time and costs while keeping your business on track. Contact our commercial leasing lawyers on (08) 9420 8222 for all commercial leasing matters.

Frequently Asked Questions

When Should You See a Commercial Leasing Lawyer in Perth?

Engaging the services of a commercial leasing lawyer is a prudent measure that will likely benefit you in the long run. Advice in the beginning stages of commercial tenancy will help to avoid future lease disputes.

It’s helpful to seek legal advice in the following scenarios:

  1. Before Entering a Lease Agreement: Before signing a lease for business premises, it’s smart to consult a lawyer to review the lease documents and negotiate the terms. This helps ensure that the lease, which is a legally binding contract, is in line with your goals and complies with the law. A commercial lawyer’s expertise is valuable in making sure your interests are protected in the agreement.
  2. Lease Renewals and Extensions: When approaching the end of a commercial lease, parties should seek legal advice from commercial lease lawyers for renewals or extensions. This ensures securing the best deal with terms that align with your interests and are legally compliant.
  3. Dispute Resolution: In cases of lease disputes with landlords or tenants over issues like rent, maintenance, or lease defaults in a commercial lease, it’s essential for both the landlord and tenant to seek legal advice. A lawyer will help you to understand your legal rights and responsibilities when a dispute arises, as well as provide representation and guidance through negotiations, mediation, or legal proceedings.
  4. Early Termination: In cases where a landlord or tenant needs to terminate a commercial lease agreement before the end of its term, engaging a commercial lease lawyer is essential. A lawyer can guide you through the termination process whether you are the landlord or tenant, ensuring compliance with the agreement’s provisions and minimising potential liabilities.

What Is the Difference Between a Retail and Commercial Lease in Western Australia?

In Western Australia, retail leases generally involve properties where goods or services are sold to consumers, while commercial leases encompass office spaces, industrial areas, or warehouses.

Any retail lease is governed by the Commercial Tenancy (Retail Shops) Agreements Act 1985, which provides more protections to tenants, such as limitations on certain costs passed on by landlords to tenants, and requirements for detailed disclosure documents about the property and lease.

Commercial leases do not offer these protections. In terms of cost, retail leases often have a different structure, which can be more tenant-friendly compared to commercial leases.

What Are Some Things to Look Out for Before Signing a Commercial Lease?

Before you go to sign a commercial lease, it’s critical to pay attention to several key aspects to ensure that the agreement aligns with your existing business needs and objectives and to avoid future disputes. Mistakes at the beginning could make or break your new business and lawyers can provide professional advice to avoid this.

  1. Rent and Additional Costs: Understand not only the base rent but also any additional costs such as maintenance fees, utilities, and taxes that you may be responsible for.
  2. Lease Term and Renewal Options: Consider the length of the lease and whether it offers options for renewal. Ensure that the term aligns with your business plan.
  3. Permitted Use: Check the lease for any restrictions on the type of business activities allowed at the premises. Make sure that the permitted use clause accommodates your business needs.
  4. Fit-Out and Alterations: Understand what alterations or fit-outs you are allowed to make to the premises, and who will bear the costs.
  5. Maintenance and Repairs: Clarify which party is responsible for maintenance and repairs, including any common areas.
  6. Rent Reviews: Pay attention to how and when the rent will be reviewed, and whether there are caps on increases.
  7. Assignment and Subletting: Check if you have the flexibility to assign the lease or sublet the space to another party if needed.
  8. Insurance and Liability: Understand the insurance requirements and your liability in the event of damage to the property or other issues.
  9. Default and Termination Clauses: Be clear on the clauses that deal with what constitutes a default, and the rights and obligations of both parties in the event of early termination.

Considering the complexity and legal ramifications of a commercial lease, it’s advisable to consult a specialist commercial lease lawyer with expertise in property law to review the lease before signing. This helps to ensure that your interests are protected and that you have a clear understanding of your obligations and rights under the commercial lease agreement.

Words from our Clients

  • Expert commercial lawyers who we have been using for nearly 3 decades. Highly recommend them for expertise in all commercial and property matters.

    Cocos Restaurant
  • First-class Legal Service from Paul Summers. Highly qualified and experienced in Law relating to my business. I was well equipped with knowledge from my consultation. This Law firm is one you can trust on every level. I will recommend and use it again
    Ilòna Jeffs

    Ilòna Jeffs
  • If only all people were so helpful the world would be a better place. Excellent is the word to describe their work.

    Miriam Mondaca
  • Paul Summers and his team are the best legal team I know in Perth. The very best commercial outcome.

    Kamran Gaeini
  • I have personally used Paul Summers and Summerslegal to act on behalf of a number of companies that I have been involved with both in the private and public sectors over the last 20 years. His advice and the advice of his firm has always been excellent and I can highly recommend his services and often do!

    Todd Zani
  • After a lengthy and drawn out business purchase, I’m so glad to have come across Paul Summers. Despite never having met (located interstate but needing a WA based solicitor) Paul treated us like long time clients and looked after us right throughout. We are so grateful – thank you!

    Erin de Angelis
  • Absolutely blown away by Paul Summers. Despite being new to property development and not knowing a lot about Shareholders/Joint venture Agreements etc he took me seriously and invested his time to help and guide me in the right direction. Other lawyers, I called just put me in the too hard basket. Definitely recommend his service.

    Benjamin Herzog
  • A professional, timely and well-executed job with my legal matter. Thanks, Paul!


Please contact the Team at Summers Legal today.