Leasing Lawyers Sydney

Protect your interests as a landlord or tenant with expert advice on retail, commercial, and industrial leases in NSW.

A lease is a significant long-term commitment for both landlords and tenants. As part of our property and conveyancing practice, our lawyers prepare, review, and negotiate leases to protect your interests, whether you are leasing a shop, office, warehouse, or industrial premises.

Retail Leases and the Retail Leases Act 1994 (NSW)

Retail leases, which cover premises used to sell goods or services to the public such as shops and cafes, are governed by the Retail Leases Act 1994 (NSW). This Act imposes additional obligations on landlords and provides important protections for tenants, including disclosure requirements, limits on recoverable outgoings, and minimum notice periods. Any lease terms inconsistent with the Act are void.

Commercial and Industrial Leases

Leases for offices, warehouses, and industrial sites fall outside the retail leasing regime and are governed largely by the terms of the lease itself. This makes careful drafting and review essential, and our guide on what to look out for when negotiating a lease covers the terms that matter most. We help both landlords and tenants negotiate fair terms on rent reviews, options to renew, and end-of-lease obligations.

Options to Renew and Key Lease Terms

Missing an option to renew can mean losing your premises, so these deadlines deserve close attention, as we explain in our article on options to renew in commercial leases. Other important terms in any lease include:

Make good clauses, which require the tenant to restore the premises at the end of the lease.
Rent review mechanisms and how increases are calculated.
Assignment and sub-letting rights if you wish to transfer the lease.
Security such as bank guarantees or bonds.

Landlords will also benefit from our guide to the key considerations in commercial lease agreements.

How V.S. George Lawyers Can Help

Whether you are the landlord or the tenant, our team will:

Draft and review retail, commercial, and industrial leases.
Prepare and check the disclosure statements required under the Retail Leases Act 1994 (NSW).
Negotiate rent reviews, options to renew, and make good obligations.
Document assignments, sub-leases, and surrenders correctly.
Act in lease disputes, from unpaid rent to end-of-lease claims.

Speak with a Leasing Lawyer in Sydney

We prepare and review leases, advise on your rights and obligations, and negotiate terms that protect your position, whether you are a landlord or a tenant.

Ready to speak with our team? Visit our contact page or call 02 9150 6991 to arrange a confidential discussion.

FAQs

What is the difference between a retail lease and a commercial lease in NSW?

A retail lease applies to premises used for selling goods or services to the public, such as shops and cafes. It is governed by the Retail Leases Act 1994 (NSW), which imposes extra obligations on landlords and provides greater tenant protections. A commercial lease covers other business premises such as offices, warehouses, and industrial sites, and is governed by general property law with fewer mandatory protections.

What protections does the Retail Leases Act 1994 (NSW) give tenants?

Key protections include the right to a disclosure statement before signing, limits on recoverable outgoings, at least six months’ notice from the landlord if they do not intend to renew, and security bonds held by NSW Fair Trading rather than the landlord. Any lease terms that are inconsistent with the Act are void.

What is a make good clause in a commercial lease?

A make good clause requires the tenant to restore the premises to their original condition at the end of the lease, which can include removing fitout, repairing damage, and repainting. The scope varies depending on the drafting, so tenants should negotiate these terms carefully before signing as compliance costs can be significant.

What is a bank guarantee in a commercial lease?

A bank guarantee is security provided by the tenant’s bank to the landlord, guaranteeing payment if the tenant defaults. Under the Retail Leases Act 1994 (NSW), landlords must return a bank guarantee within two months of the tenant fully performing their end-of-lease obligations.

What happens if I miss my option to renew a commercial lease in NSW?

Missing the option exercise deadline can mean losing the right to renew entirely. Most leases require written notice within a specific window before expiry, and courts have limited ability to intervene if the deadline passes. Tenants should diary option dates well in advance and seek legal advice promptly if one is approaching.

Can a tenant assign or sub-let a commercial lease in NSW?

Generally yes, but landlord consent is usually required. Under the Retail Leases Act 1994 (NSW), a landlord cannot unreasonably withhold consent to an assignment of a retail lease. Any assignment should be properly documented to ensure the original tenant is released from ongoing liability.