Commercial and retail leasing lawyers for landlords in Newcastle

We act for landlords and tenants on commercial, retail and industrial leases under the Retail Leases Act 1994 (NSW).
Commercial lease being signed for a Newcastle shopfront

A lease is often a property’s most valuable income stream and a business’s biggest fixed commitment, so the terms require careful attention. We act for landlords and tenants on commercial, retail and industrial leases, preparing, reviewing and negotiating the lease and advising on rights and obligations throughout the term. Retail leases in NSW carry extra protections under the Retail Leases Act 1994. This work overlaps with our commercial leasing for business. We advise from our offices in Newcastle for clients across the Hunter and NSW.

How we help

We make sure your lease protects your interests, whichever side you are on. We:

  • Prepare, review and negotiate commercial, retail and industrial leases.
  • Advise landlords on disclosure, outgoings, security and enforceability.
  • Advise tenants on term, rent reviews, options, outgoings and make-good.
  • Handle assignments, surrenders, renewals and end-of-lease obligations.

Why clients choose Mullane Lindsay

Our leasing work is led by Michael McGrath. We act for both landlords and tenants, so we know where the real risks sit on each side of the table. Backed by the firm since 1976, we are familiar with all aspects of commercial leasing and we work to tight timeframes when a deal needs to move.

What are the main types of lease?

Residential leases are heavily regulated under the Residential Tenancies Act 2010 (NSW). Retail leases, broadly for premises selling goods or services to the public, are regulated by the Retail Leases Act 1994 (NSW), which adds tenant protections such as a pre-lease disclosure statement. Commercial leases (offices, warehouses, industrial) are governed mainly by their negotiated terms. Leases over three years generally must be registered on title to bind a later owner.

FAQs

Residential (regulated by the Residential Tenancies Act 2010 (NSW)), retail (regulated by the Retail Leases Act 1994 (NSW), with extra tenant protections), commercial (offices, warehouses and industrial, governed mainly by their terms), ground leases (long-term land leases), and registered leases (those over about three years, registered on title to bind later owners).

Residential tenants have extensive statutory protections that cannot be contracted out of. Commercial leasing assumes commercially capable parties and is governed mainly by the negotiated lease. Commercial tenants often pay outgoings on top of rent, terms are longer, and disputes go through the courts or retail tenancy processes rather than the residential tribunal.

To provide quiet enjoyment, disclose known defects, maintain the structure and fabric of the building (with internal repairs usually the tenant’s, depending on the lease), comply with building and safety standards, and, for residential tenancies, meet the additional statutory obligations on repairs, standards and the return of the bond.

Vacate by the expiry date, meet any make-good obligations (often removing the fit-out and restoring the premises, which can be costly), return the premises in good repair beyond fair wear and tear, take part in the outgoing inspection, remove any caveats or security interests, and provide forwarding details for the return of the bond or security.

Meet Your Team
Lachlan Page

Lachlan Page

Director and Practice Group Leader, Commercial and Business
Our Services

Strategic legal guidance when it matters most.

We start with a confidential conversation. There is no jargon and no pressure, just a clear sense of your options and what we would do next.