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Commercial Leasing and Property


Stating the Parties to a Contract correctly

It might seem very basic, but it is vital to get the names of the entities or "parties" correct when drafting a legal document. Stating the parties formally and accurately gives you certainty that there can be NO question about the parties' intentions later, especially if the particulars are changed or forgotten. We look at the different types of "parties" and the correct way to record the information. Read more

Info graphic - Expenses you can claim for your Rental Property

If you own a Commercial rental Property you can claim the following list of expenses as a tax deduction as long as the expenses were incurred during the period your property was rented or available for rent. Read more

How Would Assets Perform if Negative Gearing Was Removed?

Many property investors rely on negative gearing but what would happen if it just wasn't available anymore. John Edwards takes a good luck at what might happen. Read more


Is your Commercial Lease Secure?

Is your tenancy secure?If you are a commercial or retail tenant, you may think that having a signed lease in place with the property owner is all that is necessary to give you security of tenure. However, there are other steps that you need to take to ensure that your leasehold interest in the land is secure.


How to take a Security Deposit (bond) for your Commercial Premises

A Security Deposit or Bond is a sum of money paid by the tenant to the Landlord to secure the obligations they have agreed to under the lease. We look at the procedures of taking and drawing on a security bond. Read more


Rectifying a mistake in the terms of a contract

Yes, sometimes factors exist which will impact on an otherwise valid contract and if the mistake concerns a fundamental matter, the mistaken party can apply to the courts for relief. We look at different types of mistakes and how a mistake can be rectified. Read more


Purchasing your business premises with your SMSF

A popular strategy among business owners is to purchase (or transfer) their business premises into a Self Managed Superannuation Fund (SMSF). The business property is then leased to the business entity (or individual) as the tenant. This is a great way to leverage your assets as long as all dealings between the SMSF and related parties are kept at arms length and on Commercial terms, that is, you have to get the paperwork in order. Read more


Ten ways to negotiate a BETTER commercial lease

When negotiating a Commercial Lease it gives you greater power to understand the key provisions that will affect your bottom line. It's not just the rent, there are a number of different clauses in the lease that contribute to the overall costs. Be aware that there are provisions that provide a little wiggle room and these often provide an opening to reducing the costs when negotiating with the Landlord. Read more

Is a verbal agreement legally binding?

Verbal agreements can be legally binding and in fact many business and personal transactions are conducted purely on a handshake. But if things go wrong, it can be very difficult to sort the matter out or to even prove the agreement existed. Read more


8 Key considerations for Commercial Leasing tenants

Signing a commercial lease can have serious legal and financial implications for your business. Here are six key elements you should consider before signing yours. Read more


NEW - State Based Real Estate Property Kit

It's taken several years to get all the documents together but we've finally done it. We've just launched our Property Investors Kit with a view to providing all of the documents you would need if you were prone to property investment. Read more


How to do bankruptcy and company searches for commercial transactions

In business, it is prudent to conduct targeted enquiries such as bankruptcy and company searches on the parties you are considering dealing with so you can make sure you are not exposing yourself to unnecessary risk. Read more


Permitted Use and Exclusivity clauses in Commercial Leases

When you're negotiating a retail lease, striking the right balance between your needs and that of your tenant can be challenging. A well worded permitted use clause balances your desire to maintain effective control over the premises and how they'll be used against the tenant's need for the opportunity to grow and expand their business. Here are some of the facts to consider when negotiating yours. Read more

Permitted use – commercial and retail leases

For a landlord, a well worded permitted use definition allows you to maintain effective control over the premises and the way it will be used. You can make the permitted use as specific or as open as you wish. Read more


How to terminate a commercial lease for non-payment of rent or other breach

It is a situation landlords hope they will never experience. Their tenant has stopped paying rent and they need to take action to mitigate the damage to their bottom line. We look at what the Landlord needs to do and more importantly how they should do it. Read more


When to use a Licence to occupy instead of a Lease?

Are you thinking of renting out a room, clinic or office? You may not need a full Retail or Commercial Lease to cover your arrangement because a Shared Office Space or Licence Agreement may suit your needs. Read more


Permitted use – commercial and retail leases

For a landlord, a well worded permitted use definition allows you to maintain effective control over the premises and the way it will be used. You can make the permitted use as specific or as open as you wish. Read more

Rectifying a mistake in the terms of a contract

Yes, sometimes factors exist which will impact on an otherwise valid contract and if the mistake concerns a fundamental matter, the mistaken party can apply to the courts for relief. We look at different types of mistakes and how a mistake can be rectified. Read more


Three Reasons why a Verbal Lease can turn into a Booby Prize

It may be seem like a generous act of goodwill to allow your tenant to move in before finalising your lease – but this decision can have big consequences for you down the track. We examine the three main reasons why you should resist the temptation to let your tenant move in before they have signed on the dotted line. Read more

How to find the "Title Reference" for your Queensland Lease

Commercial lease title referenceWhen you're completing a lease for a Queensland property where you intend to register the lease then you will need to provide a "Title Reference" number. We show you how to find it.

 

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