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Lease Lawyers Melbourne - Retail Lease Melbourne |
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Cyngler Kaye Levy Lawyers is a Commercial Law firm which is located in Melbourne and is the amalgamation of two established Commercial Law practices.
We have a team of experienced Lawyers who are competent to handle all aspects of Lease Law.
Jack Cyngler of our office has over 20 years experience in Retail & Commercial Tenancy Law and Disputes. He is a Law Institute of Victoria Accredited Specialist in Commercial Tenancy Law (Commercial & Retail Leases).
He is one of only a handful of Lawyers in Victoria who have been Accredited by the Law Institute of Victoria.
He is a Member of the Law Institute of Victoria and serves as a Committee Member of their Leases Committee. The Leases Committee is made up of a small number of specialist practitioners in the field of Tenancy Law who meet to discuss new legislation and make submissions to Government.
He is also a member of the Property Law Specialist Group, the Law Society of Australia, the Southern Solicitors Group.
Jack Cyngler is also a registered Mediator with the Law Institute of Victoria. |
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Lease Lawyers Melbourne - Retail Lease Melbourne |
| RETAIL & COMMERCIAL LEASES |
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• ACCREDITED SPECIALIST WITH THE LAW INSTITUTE OF VICTORIA
• MEMBER OF THE COMMERCIAL LEASES COMMITTEE AT THE LAW INSTITUTE OF VICTORIA
• EXPERT RETAIL LEASE ADVICE
• EXPERT RETAIL LEASE DISPUTE ADVICE
• EXPERT COMMERCIAL LEASE ADVICE
• EXPERT COMMERCIAL LEASE DISPUTE ADVICE
• ACT FOR LANDLORDS
• ACT FOR TENANTS |
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NEW LEASE OR A RENEWAL OF LEASE - YOUR RIGHTS & OBLIGATIONS
Is your lease expiring soon? Whether you are a Lessor or a Lessee, you can check with our Accredited Specialist that your lease provides you with the best provisions possible.
The 2003 Retail Leases Act and the 2005 Retail Leases Amendment Act will have significantly impacted on your leases. If you have long term leases that are now expiring don’t be caught out by the many changes to your rights & obligations. Understand the meaning of:- |
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• The new minimum 5 year lease rule
• New landlord & tenant rights to terminate a lease
• New obligations on landlords regarding structural repairs
• New disclosure statement
• Injunctive relief, matters to be referred to mediation
• New unconscionable conduct provision
• Many new provisions regarding failures to comply
• New controls for security deposits
• New requirements for land tax |
| IF YOU NEED LEGAL ADVICE REGARDING YOUR RIGHTS AND OBLIGATIONS, CONTACT OUR LEASE SPECIALIST. |
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Lease Lawyers Melbourne - Retail Lease Melbourne |
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RETAIL LEASE DISPUTES & COMMERCIAL LEASE DISPUTES
If both parties to leases were better informed of their rights and obligations, many disputes would not arise.
Parties to commercial tenancy agreements need to be aware of the difficulties which can result from a failure to make proper enquiries.
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Prospective tenants should ensure that the landlord has made full disclosure of details such as:
• the condition of buildings, plant and equipment;
• that all outgoings are listed in the Disclosure Statement;
• the landlord’s title to the property including :
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• any mortgages over the property (the landlord must obtain the mortgagee’s consent to the lease)
• the actual boundaries of the property, and
• any restrictions on the use of the land. | |
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The landlord’s failure to disclose these matters, coupled with the tenant’s lack of awareness of this obligation, is a frequent, yet preventable cause of disputes.
Tenants should also make their own enquiries about possible developments which might affect their business. They should, for example, find out if there are any proposed changes to the shopping precinct; or if there are impending changes to planning requirements that might limit their business opportunities.
We can assist Landlords to obtain the necessary information for full disclosure to Tenants.
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We can assist the Tenants to force Landlords to make full disclosure. |
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Lease Lawyers Melbourne - Retail Lease Melbourne |
CHECKLIST
Landlords, for their part, need to undertake their own checks of the prospective tenant and any guarantor to the lease. Their checklist of issues to be covered in the lease should include: |
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• the rights of the landlord in the event of the tenant’s breach of the lease
• any limitations on renovations or maintenance work that can be carried out, including whether the landlord’s prior consent is required
• the state of the premises at the completion of the lease, and any obligations of the tenant for reinstatement of the premises
• whether the tenant is to be permitted to sub-lease part or all of the premises
• when, and in what circumstances, rent reviews should take place including if, and how GST and CPI increases are to be incorporated.
• Obtaining full company searches to check who are the correct parties |
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We can assist Landlords with the above checks |
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EXERCISE OF OPTION
The time for the exercise of an option by the tenant may be extended unless the Landlord gives timely notice to the tenant.
RENT REVIEW PROVISIONS
Rent review provisions in pre 1998 Act leases or renewal of leases derived from pre 1998 Act leases may in certain circumstances be void with the consequence that the rental determined may be quite different to that contemplated by the parties.
If you need legal advice regarding your rights and obligations, contact our lease specialist. |
For more detailed information on all our areas of Law
Please click on the following link
www.cynglerkayelevylawyers.com.au
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Cyngler Kaye Levy Lawyers
Lease Lawyers Melbourne - Retail Lease Melbourne - Commercial Lease Melbourne - Commercial Lease Advice Melbourne - Commercial Lease Dispute Advice Melbourne
Ph: 03 9523 8811
Lease Lawyers Melbourne - Victoria |
Information you obtain in this site is not, nor is it intended to be legal advice. You should consult a lawyer for individual advice.
©Copyright 2008 Cyngler Kaye Levy Lawyers. All rights reserved. | | |
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