07 3844 1441
Drakos & Company Solicitors
Level 1, 170 Boundary St, West End, Brisbane QLD 4101
Speak with our conveyance solicitors today!
Contact us for a no-obligation discussion about your situation.
Get Conveyancing Advice
Protect Property Transactions
Our team mixes the skills of experienced conveyancers and solicitors, ensuring that your matters are well looked after by both. We have extensive experience in cottage conveyancing as well as the quickly accelerating ‘off the plan’ conveyances.
Experienced Conveyancers
Our Principal, Zane Castle, has extensive experience in complex commercial and business conveyancing as well as the necessary corporate structuring advice to complement. Zane is also supported by a team of solicitors and conveyancers, some with over 20 years’ experience.
House, Land and Unit Conveyancing
Commercial and Industrial Conveyancing
“Off The Plan” Conveyancing
Business Conveyancing
Contract Review and Advices
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Who should pay the Landlord’s legal costs for my lease?It is common for a tenant to be requested to pay the Landlord’s legal cost however be mindful that the Retail Shop Leases Act prohibits the Landlord from requiring that the Tenant pay for its legal costs associated with documentation relating to a new lease or any renewal of a lease.
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How important is it to exercise a lease option for further tenure?It is extremely important for a Tenant and a Landlord for a Tenant to exercise an option for further tenure strictly in accordance with the Lease. Failure to adhere to the correct procedures in the Lease, including required notices within a given period or prior to a given date, will mean that the Tenant will lose its entitlement to the extra tenure. Many tenants and landlord seek legal advices to ensure the further tenure is properly secured.
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Is registration of my lease important?Registration is more important for a Tenant than a Landlord. It provides the Tenant with surety that its lease must be acknowledged by other third parties that become the owner or controller of the property (such as a Buyer of the property or mortgagee in possession). If your lease is over three years (including options) in length then you should register it. It is also common for a Landlord’s mortgagee to require registration of leases.
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Is a Retail Shop Lease all that different to a typical commercial lease?In Queensland, there is no ‘standard’ leases that must be used for commercial leases. This means all leases will be different and should be reviewed in full. The Retail Shop Leases Act provides the Tenant with certain protections and placed certain obligations upon Landlords, regardless what the Lease itself says. It is often useful to seek legal advices to understand those obligations and rights more fully as failure to be aware may result in compromise of the binding nature of a lease or some of its terms.
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Are there requirements for entry condition reports in commercial or retail leases like there is with Residential Tenancy Agreements?Not in Queensland, no. However, it is a very good idea for the parties to generate and agree on an entry condition report to record entry condition of a Premises anyway. This will help avoid or settle arguments about vacating obligations when the Tenant comes to an end. Because each lease is somewhat different, it is always a good idea to seek legal advices about the obligations upon a Tenant when it comes time for the Tenant to leave the Premises.
Case Study: Extract Client from the contract and recover the deposit paid.
Demitri engaged our firm to assist with an acquisition of residential land on the Gold Coast. After recommending he undertake a survey of the property it was found to be subject to heavy coastal erosion, leaving Demitri under contract for a piece of land that was materially smaller than that which had been marketed to him. The Seller was recalcitrant in agreeing to any negotiations or termination. We were able to leverage our knowledge of legislative requirements to extract Demitri from the contract and recover the deposit paid.
