Entering into a Retail Lease?

A retail lease is a type of commercial lease and reflects an agreement between a Landlord and  Tenant, where the Tenant is in the business of selling retail ‘products and/or services’ and covers a multitude of areas including the term of the lease, payment of rent and outgoings, maintenance of the premises, to name a few.

Retail leases are governed by legislation and each State and Territory has its own Act and Regulations in this area.

The legislation also covers retail leases within shopping centres.

This legislation does not apply to commercial leases.

When entering into a retail lease agreement, it is necessary to ensure that the Tenant understands its obligations under the lease and that the Landlord provides the required disclosure statement.

Disputes arise in retail leasing in many areas but some of the common areas are in:

  • Rent reviews
  • Repairs and maintenance
  • Outgoings
  • Renewing a lease
  • Assignment of a lease
  • Key Money
  • Security Deposits & ‘Make Good’ provisions
  • Permitted Use
  • Monthly Tenancy and/or Over holding
  • Multiple Tenant issues
  • Breakdown in Landlord-Tenant relationships

How CDMC can help –

CDMC has a team of experts in alternative dispute resolution, including lawyers who are highly experienced in commercial and retail leases.

If the Landlord, Tenant and/or Third Party encounters any one of a myriad of problems in relation to a retail lease, CDMC can, through our triage process, determine whether the matter actually pertains to a retail lease, facilitate negotiations between the parties separately, conduct mediations jointly and essentially facilitate resolution of the dispute.

CDMC may assist parties by separate and joint discussions in order to facilitate an outcome acceptable to all parties, hence saving considerable time, stress, anxiety and expensive litigation.