The small business specialists
Phone: 13 12 49
A good lease for your business premises is vital and could mean the difference between success or failure.
A poor leasing decision can be a costly mistake as a lease is usually central to the goodwill, value, and future sale of the business.
A lease is a legally binding contract, so while leases may be complex and difficult to comprehend, it's essential that you fully understand the terms and conditions before making a commitment.
It's also important that you understand your rights and obligations in relation to the lease in order to deal with any disputes that may arise, and to know who to contact for help.
Legal and commercial advice should be obtained before:
Together with legal and financial advice, you should also seek business and property advice in order to ensure the lease is based on sound business and property principles.
The Commercial Tenancy (Retail Shops) Agreements Act 1985 regulates many retail shop leases in Western Australia.
An understanding of the Act is essential if it regulates your lease. Even if your lease is not regulated by the Act it's a good idea to make sure you're familiar with it as you might wish to negotiate some of the provisions of the Act into your commercial lease.
We have a range of fact sheets and booklets to download so you can be fully informed about the Commercial Tenancy (Retail Shops) Agreements Act 1985.
The Act covers leases:
excluded however are the following:
Leasing generally involves the following seven stages. Each of these activities can be extensive so ensure you allocate adequate time to deal with each step properly.
Disputes arise between tenants and landlords from time to time and should be resolved as cost-effectively and with as little damage to the relationship as possible. Whatever method you use to resolve the dispute, you must be logical and clear about the facts and prepare your case well. Be prepared to argue your case calmly and organise the evidence to support your position.
First, read the lease and other associated documents to clarify the rights and obligations of each party about the issue in dispute. In many cases, a well-written lease will set out what both parties have agreed, and the action required will often be obvious.
If the lease or other lease documents do not clarify the issue, then obtain business advice from us, or legal advice.
There are four options available to resolve your leasing dispute: