Szabo & Associates News & Updates

If a tenant decides they will not be renewing their lease and plan to vacate the leased premises they occupy, they may have to consider their obligations to their landlord in respect of ‘making good’. Commercial and retail leases often have a make-good clause placing obligations on the tenant at the end of the lease.

In short, there is no right to review a Council’s decision to grant development consent without grounds such as an error of law.

Commercial lease agreements can be complex documents designed to meet the needs of both the landlord and tenant of a property under changing circumstances. No wonder things can go wrong for either party if they are not careful, especially as a commercial lease involves a significant commitment for both parties. Below, we outline some common mistakes that can represent pitfalls for prospective tenants.

Key considerations in commercial (non-retail) leases

Commercial leases can be complex and a minefield for the unwary. As a minimum, there are a number of essential issues to consider before agreeing to a lease, whether as a landlord or tenant. This starts with ensuring the lease documentation is correct so as to avoid, or at least minimise, disputes arising during the lease period. Key terms can initially be documented in a Heads of Agreement and signed by both lessor (landlord) and lessee (tenant).

The recent case of Radney & Radney (2022) FedCFamC2F 53 illustrates the need for separating couples to formalise a property settlement- in this case, before a blended family scenario altered the status quo many years later.