D’Angelo Legal is experienced in providing practical yet Commercially orientated advice on a wide range of Property Law matters. D’Angelo Legal’s service is not limited to advice but also includes the drafting and registration of documents. Property Law matters currently dealt with at D’Angelo Legal include:
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:
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.
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).
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.
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 are still contracted 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 tenant 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 and the conditions contained within the lease.
Your lease may allow for further options such as a right to extend the lease agreement. If you decide to extend the lease, you should do so by a written agreement signed by all parties.
The purpose of the extension of lease is to document and ensure that your rights are protected in relation to the further option period under the lease. This also prevents any arguments as to whether the option was exercised or not.
In the absence of extension of leases it becomes difficult to prove in some circumstances whether an option has been executed correctly.
Time is of the essence in exercising options and in some cases where the option is not exercised within the time periods permitted under the lease, the option has not been granted to the tenant.
D’Angelo Legal has the knowledge and experience in advising and preparing your extension of lease agreement. If you require any assistance in understanding your rights under a lease with respect to options and exercising an option then please do not hesitate to contact us.
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.
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, as there is specific legislation in Western Australia that regulates and controls what is allowed to be in a retail shop lease and what is potentially void it is recommended to have the lease reviewed prior to execution.
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.