Assignment of Lease • Variation of Lease • Sub Lease • Extension of Lease
Surrender of Lease • Lease Reviews

D’Angelo Legal is experienced in providing practical yet commercially orientated advice on a wide range of property law issues. D’Angelo Legal’s service is not limited to advice but also includes the drafting and registration of documents. Property Law issues currently dealt with at D’Angelo Legal include:

• Strata Title
  • Strata title refers to when a structure on a property is divided into several separate units. Contact D’Angelo Legal for all your needs concerned with dealing with strata title development projects or strata title disputes.

• Subdivisions and Town planning
  • D’Angelo Legal acts both for residential and commercial developments that involve subdivisions, and stands by the premise of having your plan of subdivision registered as expediently as possible.

• Caveats and easements
  • D’Angelo Legal has the knowledge and experience for all your caveat and easement needs whether being general advice, the registration of such encumbrances or the removal of encumbrances.

• Property settlement
  • See our Settlement page for further information regarding settlements.

• Mortgage document preparation
  • D’Angelo Legal is experienced in preparing mortgage documents that will be specifically designed and expediently prepared to meet the client’s needs

Leasing and licensing of commercial, retail, and residential properties.

A lease is a legally enforceable contract which confers a right on one person (the lessee) to possess property belonging to another person (the lessor). Leases are not limited to land; but can also include agreements for the use of plant and equipment.

D’Angelo Legal is experienced in offering leasing advice and is aware of the complex matters that need to be addressed in lease documents and the obligations of the lessor and lessee. D’Angelo Legal places importance on the quality and speed of our service.

Our services in relation to property leasing include:

• Lease negotiation, preparation and advice on commercial, retail & residential leases;
• Liaison with town planning and council authorities (if required);
• Dispute resolution relating to Leases and various terms within the same; and
• Lease Reviews for leases already in effect or proposed (new) leases for tenants.

If you are a landlord (proprietor of the building or strata) D'Angelo Legal will ensure that your entitlements under the lease are maximised in accordance with your (or the managing agents) instructions.

When preparing a lease for you, we act for you and look out for your interests. Talk to us today about finding out how to achieve the most out of a lease prepared by us (including the legal fees to prepare the same) at the cost of the tenant.

Assignment of Lease

Should you sell your business or if for any particular reason you wish to transfer your obligations under a lease, you will need to assign such rights and obligations by way of an assignment of lease agreement (subject to the lessor’s consent).

D’Angelo Legal is experienced in providing such advice and will be happy to prepare the necessary documentation required either on instructions from the landlord or the tenant (if the landlord's consent is granted).

Variation of Lease

Leases may, over the period of their existence, need to be varied (by consent from all parties involved). It is important that if such variations are needed that these are properly recorded to ensure that both parties’ rights and obligations are correctly documented so as to prevent any confusion and /or dispute in the future.

D’Angelo Legal is experienced and happy to advise on the situation and prepare a variation of lease as instructed.

Sub Lease

If there is excess or unused space to which you are currently paying rent for, you may consider the possibility of subletting the unused or excess space.

Alternatively, if you need to move your business to a new location, or relocate part of your business you may need to find a new tenant to replace you whilst you still contacted pursuant to the existing lease.

In such circumstances a sub lease agreement may be the best solution for you. It is important to note that the difference between a sub lease and an assignment of lease is that a sub lease agreement does not generally void the obligations of the tenant under the original contract for lease. The obligations of the tenatn and landlord still exist, regardless of the sublessee’s intentions or obligations under the sublease.

Prior to entering into a sub lease we recommend that you contact us for advice to see if the existing lease (for example) will allow for the subletting adn the conditions contained within the lease.

Extension of Lease

If you exercise your further option(s) under a lease (ie extend the term of the lease) it is important to record the same by way of an extension of lease agreement. It is important that such details are recorded by way of an extension of lease agreement to ensure that your rights are protected in the future and to avoid any argument that the options you have exercised have not been valid. If there is a dispute as to the validity of the option being exercised either party may be able to end your lease with minimal notice on the basis that the option to extend your lease was never exercised.

D’Angelo Legal has the knowledge and experience in advising and preparing your extension of lease agreement.

Surrender of Lease

As an alternative to assigning a lease or in the circumstances that a new lease agreement is prepared between the parties, it is important that the current lease is surrendered to cease the rights and obligations owing from the previous agreement.

Alternatively if all parties to the lease have agreed to end the lease at a time earlier than the expiry date of the term of the lease it is imperative that a surrender of lease be entered into to avoid either party from making a claim against the other party for their failure to honour their respective commitments under the lease.

D’Angelo Legal has the knowledge and experience in preparing a surrender of lease agreement.

Lease Reviews

Should you have a draft lease or have been provided with a final lease document to sign, it is strongly recommended prior to signing the document that you obtain legal advice on the lease documentation. In particular, if the lease is for a retail shop lease,  as there are specific legislation in force in  Western Australia that regulates and controls what is allowed to be in a retail shop lease and what is potentially void.

At D’Angelo Legal we are kept updated and are well aware of the legal requirements relating to leases and the obligations of either party. We can provide you with our advice in relation to the proposed lease agreement, including your obligations under the agreement, and any recommended changes that you should ask for prior to accepting and executing the lease agreement.