Retail & Commercial Leasing 101: Pre-Lease to Termination
Issues covered include: basics, retail leases, comercial leases, Commercial Tenancies (Retail Shops) Agreements Act, SAT, pre-lease, heads of agreements, agreements for lease, negotiation, lease termination and damages, lease security, enforcement, limits
Description
Simplify the leasing process for yourself from beginning to end and master each of the key fundamentals of leasing with step by step guides, checklists, and detailed explanations of disclosures, the SAT, offers, heads of terms, agreements for lease, negotiations and termination, damages, security & guarantees.
Attend and earn 4 CPD points in Competency Area 4: Substantive Law
This program is based on WA legislation
Chair:Larry Iffla, Partner, Iffla Wade; Leading Property & Real Estate Lawyer, Doyle’s Guide 2019
9.00am to 10.00am: Retail and Commercial Leasing: the Basics
Gain an overview of the Commercial Tenancies (Retail Shops) Agreements Act (the Act) and a guide to complying with the Act, including a checklist of key sections, requirements and how to ensure compliance.
- Is it a retail lease or a commercial lease?
- Why does it matter?
- When does the Act apply? General rules and exceptions
- Commercial leases overview
- Common features and considerations in commercial leases as compared to retail leases
- Using and amending standard forms under the Act
- Disclosure Statements
- The changing role of the SAT approval of lease clauses
- What are the requirements for clauses to avoid the need to apply to SAT?
- When is the SAT required to approve a clause in a lease before that clause may be relied upon
- Satisfying the lessor’s requirements for a retail lease
Presented by Matthew Ellis, Director, MGB Legal
10.00am to 11.00am: Pre-Lease Documents: Offers, Heads of Terms and Agreements for Lease
- Offers and Heads of Terms
- When and which document to use
- What to cover in pre-lease documents
- Should a pre-lease document, or some of it, be binding and when is it binding?
- Agreements for Lease
- When to use an AFL
- How does an AFL differ from other pre-lease documents?
- Relationship to the lease
- Current issues, trends and takeaways
Presented by Meagan Johnston, Special Counsel, Corrs Chambers Westgarth; Best Lawyers 2019, Real Property Law
11.00am to 11.15am: Break
11.15am to 12.15pm: Lease Negotiations: A Framework for Successful Outcomes
- Exploring the different frameworks of lease negotiations
- The art of the compromise
- Balancing legal and commercial interests
- Tips and traps of lease negotiations
Presented by Andreas Von Altenstadt, Principal, AVA Legal
12.15pm to 1.15pm:
Lease Termination and Damages During COVID-19 & Beyond
- Leases as contracts
- Grounds for termination of a lease
- Distinguishing loss of bargain damages from arrears and nominal damages
- Recovery of loss of bargain damages at general law
- Shevill v Builder’s Licensing Board (High Court 1982)
- Drafting loss of bargain clauses: Anti-Shevill clauses
- Courts pushing back?
Security: Overview, Limits and Enforcement in the Current Market
- Overview of the usual forms of security required from a tenant: personal guarantee; bank guarantee; security deposit; mortgage; personal property charge
- Risks and disadvantages of each
- Enforcement of security
Presented byMary Pringle, Partner, Squire Patton Boggs (AU); Best Lawyers, Leasing Law & Real Property Law & WA Leasing Lawyer of the Year 2019 & 2020; Preeminent Property & Real Estate Lawyer & Leading Leasing Lawyer, Doyle’s Guide 2019