Retail & Commercial Leasing Basics
Issues covered include: retail leases, commercial leases, Heads of Agreement, disclosures, assignment of lease
Description
Whether broadening your practice, training junior lawyers to be more efficient & effective, or upskilling, this program will provide the essential strategies & skills you need. Master how to work with heads of agreement and disclosures. Perfect your lease drafting. Examine best practices for dealing with post-lease issues such as assignment. Simplify the leasing process and master the key fundamentals of leasing with step by step guides, checklists, and detailed explanations.
Attend and earn 4 CPD units in Substantive Law
This program is based on NSW legislation
Chair: Amy Southwell, Partner, MinterEllison
9.00am to 10.00am: Retail Leases vs Commercial Leases
- Overview of legislation governing retail leases & commercial leases
- Is it a retail lease or a commercial lease?
- Why does it matter?
- When does the Retail Leases Act apply? General rules and exceptions
- Key differences between retail & commercial leases
- Disclosure of information, statutory unconscionability, fees and more
- Retail leases overview
- Checklist of statutory obligations and how to comply with the Retail Leases Act
- Commercial leases overview
- Common features and considerations in commercial leases
- The new Law Society Leases: a retail lease and a commercial lease
Presented by Gary Newton, Partner, HWL Ebsworth Lawyers; Accredited Specialist in Property Law; author, Conveyancing Service NSW Looseleaf, Annotated Conveyancing and Real Property Legislation, and Land Acquisition 7th Edition, LexisNexis; Best Lawyers 2019, Real Property Law, Leasing Law; Recommended Leasing Lawyer, Doyle’s Guide 2019
10.00am to 11.00am: Pre-Lease Issues: Heads of Agreement and Disclosures
- Heads of Agreement and Agreements for Lease
- When to use heads of agreement or an agreement for lease
- Heads of agreement: Binding or non-binding?
- Clear, precise drafting tips and examples: avoiding problematic legalese
- The importance of including tenant and landlord obligations
- Areas of dispute and how to avoid problems
- What happens if a lease doesn’t eventuate?
- Disclosure under the Retail Leases Act
- What is required?
- Key disclosure issues
- What are the consequences of non-disclosure or inadequate disclosure?
Presented by Stephen Pallavicini, Partner, Eakin McCaffery Cox; Accredited Specialist in Property Law
11.00am to 11.15am Break
11.15am to 12.15pm: Step by Step Guide to Preparing a Retail or Commercial Lease
- Everything you need to start preparing a lease
- Necessary information and searches
- Key things to note when completing a lease frontsheet
- Step by step guide and examples for completing each item
- The NSW Law Society leases
- Understanding the 2 new Law Society leases
- What’s different, what do they do & which version you should use
- Their idiosyncrasies and common pitfalls
- Completing a standard lease using a lease proposal: a visual demonstration & discussion
- What is a lease proposal and what information do they generally contain?
- Checklist of information you need to prepare a lease
- Key items to consider when preparing or reviewing a lease proposal
- Issues that commonly cause problems if not addressed early on
- Satisfying the landlord’s requirements
Presented by Catherine Hallgath, Partner, Mills Oakley Lawyers; Accredited Specialist in Property Law; Recommended Leasing Lawyer, Doyle’s Guide 2019
12.15pm to 1.15pm: Post-Lease Changes: Assignment of Lease
- Overview of assigning a lease
- What are the normal procedures and issues to consider?
- Procedural issues for the outgoing tenant
- Consent of the landlord and other conditions precedent
- Procedural issues for the incoming tenant
- How to deal with incentives and other ancillary rights
- Considering the position of the parties after assignment
Presented by Gary Newton, Partner, HWL Ebsworth Lawyers; Accredited Specialist in Property Law; author, Conveyancing Service NSW Looseleaf, Annotated Conveyancing and Real Property Legislation, and Land Acquisition 7th Edition, LexisNexis; Best Lawyers 2019, Real Property Law, Leasing Law; Recommended Leasing Lawyer, Doyle’s Guide 2019