Commercial Lease Lawyers for Landlords
Commercial lease lawyers for landlords prepare, manage, and enforce leases over retail, office, and industrial property. We act for private landlords, family offices, syndicates, and small developers across Australia, from drafting the first lease through to recovering possession when a tenant defaults.
The lease document is the asset’s biggest piece of legal protection. Our job is to make sure it’s drafted properly, complies with the relevant retail leases legislation (such as the Retail Leases Act 2003 in Victoria), and is enforced quickly when something goes wrong.
How we help landlords
Lease drafting and disclosure
We draft commercial and retail leases that allocate risk clearly and stand up to the rent review, default, and end-of-lease pressure points where most disputes start. For retail premises we also prepare the lessor disclosure statement required under the relevant state Act, and the supporting documents (incentive deed, guarantee, side letter).
See: Commercial Lease Drafting
Rent reviews and outgoings
We act on market rent reviews, defend tenant challenges, and recover under-collected outgoings. If a tenant is disputing the outgoings statement or the proposed market rent, we run the process through to a specialist retail valuer or VCAT where needed.
Default, breach, and lease enforcement
When a tenant breaches the lease, we issue the breach notice, manage the cure period, and take the matter to forfeiture, re-entry, or termination if the breach isn’t fixed. We make sure the notice is technically correct so the tenant can’t later claim relief against forfeiture on a procedural slip.
See: Lease Enforcement and Default
Rent recovery
For rent arrears, we issue letters of demand, statutory demands where appropriate, and recovery proceedings. We act on the bank guarantee or security deposit at the right time, and pursue any personal guarantor or director.
See: Rent Recovery
Eviction and recovery of possession
If a tenant won’t leave, we run the eviction. That covers default termination, lockout where it’s lawful, possession orders, and dealing with abandoned goods left on site.
See: Eviction of Commercial Tenant
Assignment, surrender, and end of lease
We handle landlord consent on assignments and subleases, prepare deeds of surrender on negotiated exits, and enforce make good obligations at the end of the term, including acting on the bank guarantee where reinstatement is incomplete.
Common issues we fix
- Leases drafted by agents or template tools that miss critical clauses
- Disclosure statements that are late, missing, or materially wrong (and so unenforceable in part)
- Outgoings clauses that don’t actually allow recovery of land tax, management fees, or capital items the landlord assumed
- Rent review clauses that don’t ratchet, so market reviews can drop the rent
- Make good clauses that are too vague to enforce when the tenant leaves the premises in poor condition
- Bank guarantees released too early or in the wrong form
- Personal guarantees that don’t survive an assignment to a new tenant
How we work with landlords
Most landlord engagements run on fixed fees. Drafting a new lease, preparing a deed of variation, or issuing a breach notice are all scoped up front. Litigation and tribunal work is staged so you know the cost before each step.
We also offer a portfolio review for landlords with multiple tenancies. We audit the leases, flag the ones that need updating, and produce a short action list so you know which leases are exposed before the next renewal.
Who we act for
- Private commercial landlords and investors
- Family offices and high net worth individuals
- Self-managed super funds holding commercial property
- Small developers leasing up new buildings
- Owners corporations leasing common property
- Trusts and corporate landlord vehicles
Frequently asked questions
Do I need a lawyer to draft a commercial lease?
You don’t have to use one, but template leases and agent-prepared leases routinely miss the clauses landlords actually need: ratchet on rent reviews, recoverable outgoings, valid make good, enforceable security. Fixing those after signing is much harder than getting them right in the draft.
When can I terminate a commercial lease for non-payment of rent?
Generally only after issuing a valid breach notice and giving the tenant the cure period set by the lease and the relevant retail leases legislation. Acting too early or with a defective notice exposes you to a claim for wrongful termination, so the process needs to be run carefully.
Can I lock out a defaulting commercial tenant?
In some circumstances yes, but the right to re-enter is heavily regulated and depends on whether the lease, the relevant Act, and the breach all align. We advise on whether re-entry is available before any locks are changed.
What is a lessor disclosure statement?
A lessor disclosure statement is a prescribed form a landlord must give a retail tenant before the lease is signed. It sets out rent, outgoings, term, options, and incentives. Each state has its own version with its own timing rules. Get it wrong and the tenant may have a right to terminate or claim compensation.
Can I recover land tax from my tenant?
It depends on the state and the type of lease. Victoria, for example, prohibits passing land tax through under a retail lease, while other states allow it on a single-holding basis. We check the lease, the Act, and the property type before advising what’s recoverable.
What happens if my tenant abandons the premises?
You generally need to confirm abandonment, terminate the lease properly, secure the premises, deal with any abandoned goods under the relevant state regime, and pursue the tenant and any guarantor for the loss. We run that process end-to-end.
Do you act for both landlords and tenants?
We act for both, but never on the same matter. Most landlords we act for are private investors, family offices, and small developers.
How much does a commercial lease lawyer cost?
We quote fixed fees for drafting, breach notices, deeds of variation, surrenders, and routine enforcement. Larger disputes are scoped in stages. Send us the lease and we’ll come back with a quote within one business day.
Talk to a commercial lease lawyer for landlords
Whether you’re drafting a new lease, dealing with a defaulting tenant, or auditing a portfolio, the earlier we’re involved the more we can do.