Property Leasing Lawyer Perth | Commercial Law

Property Leasing

As many small business owners know, one of the most important assets of a business is its lease. Another significant asset of a business is goodwill and it often relies on where the business is located. With this in mind, all business owners should take care to ensure that their lease affords them the greatest opportunities, whilst protecting against some of the risks that can be involved in taking on a commercial lease.

For instance, if you are about to enter into a retail shop lease, you should be aware that there is legislation in place in Western Australia called the Commercial Tenancy (Retail Shops) Agreements Act 1985. This Act sets out certain provisions and conditions that must be contained in a retail shop lease.

Our team has extensive experience in drafting and advising on commercial and retail leasing. We regularly act for both landlords and tenants in transactions ranging from large commercial developments to warehouse leases to your local corner store. This range of experience puts our clients in an enviable position when negotiating.

Contact us today to chat to one of our commercial lawyers if you have any questions about entering into a lease agreement.

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Our Expert Team

Steven Brown

Director

As a principal of Lynn & Brown Lawyers, I focus on providing commercial law and litigation advice for our clients....

Chanelle Kane

Lawyer

Chanelle has been in the industry since 2013 and graduated with a Bachelor of Laws in 2020. Chanelle completed the Graduate Diploma of Legal Practice with the College of Law...

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Testimonials

Cherry’s Catering has been involved with Lynn & Brown Lawyers and their team for over 10 years! I always find them and their service to be of the highest quality. I would highly recommend their services to anyone looking for a law firm. Deb – Director, Cherry’s Catering

- Deb

I am happy with the work I have to say, and also in a few matters they have given me info which saved me time money and stress. I will be using their expertise again in the future for sure. Thank you :) Simon

- SimonSays

Lynn & Brown Lawyers is a family business that has a fixed price fee structure and operates under great vision and values.

- Nigel

I can highly recommend Lyn & Brown Lawyers. They delivered the outcome as promised on time and on budget. Very easy to deal with.

- Anita

Thank you to Steve and the team at Lynn & Brown Lawyers for our new contracts for our clients. I can highly recommend Lynn & Brown Lawyers.

- Ben

They were very professional in all aspects.

- Rani

Frequently Asked Questions

Can company directors be liable for company debts?

Can you terminate a contract?

Contracts, which you might not have noticed, are everywhere in our life. From simple sale and purchase, service supply, property leasing, to employment, banking and investments. Like many of us, you may have been stuck in a contract before and wanted to get out. Can I? You may wonder. There are different ways to end a contract. However, contracts are binding legal instruments, so a free exit ticket may not always be available.

Do you need a commercial lawyer when starting a business?

One of the most satisfying tasks we perform at Lynn and Brown Lawyers is to work with our clients to either purchase or sell a business. We all know how stressful it is buying or selling a property and hoping to achieve a successful outcome. These stresses are no different to those that exist around buying or selling a business, particularly if that business is one you have built from scratch or the business that you are looking to buy is as a result of a significant lifestyle change or ambition for the next stage of your career.

Do you need a shareholders’ agreement?

A shareholders’ agreement is a contract signed by the shareholders of a company, which regulates their obligations and rights, as well as what should happen if certain situations arise. Unlike a company constitution, (which is automatically binding on all members) a shareholders’ agreement is only binding on the shareholders who sign it – just like any other contract. Since shareholders’ agreements are not compulsory, there are no requirements as to how they must be written.

Do you need a solicitor when starting a business?

Thinking of starting a business? Especially in this ever-changing age of COVID-19, the sparks of inspiration that pave the way to becoming a business owner are kaleidoscopically diverse: like many Australians, you may have suddenly found yourself without a steady income; you may have found you loved working from home and having extra time with your family; perhaps you’ve decided to start a “side hustle” to your main career, or after many years of contemplation, you’ve decided to seize the day (and a great opportunity!) and pursue your dreams.

How can I avoid a bad contract?

A good lawyer, with experience, can often foresee things others could not. Sometimes there is nothing you can do about an unforeseeable event happening after you agree to a contract, but there are some things you can do to ensure your contract is as well drafted as possible.

How do you choose the right business structure for your business?

If you are thinking of starting a business, you will need to consider the different business structures available to you and work out which structure will best suit your needs. In Australia, businesses are commonly structured as sole traders, companies, partnerships, discretionary trusts and unit trusts. It is important to seek professional advice (from a lawyer, accountant, or business adviser) before deciding which business structure to use.

How do you make a contract legally binding?

A franchise is usually in the form of a written franchise agreement. However, franchises are regulated under the Franchising Code of Conduct (the Code), which is given the force of law under the Competitions and Consumer Act 2010 (Cth). The Code specifies both the franchisors’ and franchisees’ rights and responsibilities

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Property Leasing