Leasing Practice Manual NSW
Author: Eric Kalde
Kalde Legal
Leasing commercial properties in New South Wales
This publication is a Practice Manual to Leasing in NSW which is kept up to date. The commentary explains the law of leases and the practice of creating, assigning, and terminating leases. It includes precedents and checklists. The main focus is on Commercial Leasing in New South Wales. This is a Commercial Leasing practice manual. There is a chapter on residential leasing as practitioners frequently come across them in commercial leasing work.
The commentary covers the legislative framework for leasing in NSW although the principles apply broadly to other states. Key differences are noted where the practice differs significantly from NSW. Practitioners are advised to check their local legal requirements particularly if outside NSW.
The guide is divided into intuitive sections which are easy to navigate. There are sections dedicated to leases governed by the Retail Leases Act 1994 (NSW), the Real Property Act 1900 and residential leases. There is a chapter devoted to acting for the Lessor and a chapter devoted to acting for the Lessee. The commentary is practical and easy to use. It contains hyperlinks to relevant legislation and case law, and quality precedents and checklists.
The guide also covers associated matters such as agreements to lease, subleases, variations, options, assignments and transfers.
For the more experienced practitioner the guide is an invaluable tool to increasing speed and quality. As a time saving feature, Chapter 10 contains a list of precedents available in this guide grouped under headings in an easy to find format. If you are already familiar with the procedure and simply want to find a precedent, this Chapter takes you straight to where you want to go.
- Access on any device, anytime, anywhere
- Current, practical, and relevant resources
- Extensive collection of legal precedents & forms
Chapters
Chapter 1
Relevant Legistlation
Overview of the law relating to leases in NSW, how leases work, overview of practice and procedure, links to relevant legislation. Describes the structure of lease, how they are made up and their consitutent parts. Describes the involvement of PEXA and the system of registration. Which pieces of legislation lay down the rules for leasing in NSW.
Chapter 2
Leases under the Real Property Act 19
Explains the law as it relates to all commercial leases in NSW. How to tell the difference between a retail lease and other commercial leases. Leases for offices, warehouses, factories and farms. Retail shop leases are covered in the following chapter.
Chapter 3
Leases under the Retail Leases Act 19
Overview of the law relating to leases in NSW, how leases work, overview of practice and procedure, links to relevant legislation. Describes the structure of lease, how they are made up and their consitutent parts. Describes the involvement of PEXA and the system of registration. Which pieces of legislation lay down the rules for leasing in NSW.
Chapter 4
Acting for the Lessor
Explains what to do when you are acting for the Lessor. It explains the procedure of drafting and entering into a commercial lease from the Lessor’s perspective.
Chapter 5
Acting for the Lessee
Explains the procedure from a Lessee’s point of view. It explains the common pitfalls for lessees and gives direction on the important aspects on which to advise your client.
Chapter 6
Options
The option to renew a lease is critically important to both parties. The lessee wants to know that they have a solid right to occupy the premises for a further term. The lessor wants reasonable flexibility to increase the rent so that they are not disadvantaged by the lessee wanting to remain in occupation for another term. In some cases the lessor may grant the lessee an option to buy.
Chapter 7
Transfer/Assignment of Lease
Lessees frequently wish to transfer or ‘assign’ a lease. This commonly occurs when the lessee sells their business. Transfers of lease can become complex. They include not only the Lessor and Lessee but the Transferee, the Lessor’s mortgagee, and the Transferee’s Guarantor. covers the procedures for containing consent of mortgagees & other relevant parties.
Chapter 8
Misselanous
Covers everything from pre-lease agreements to lockouts. Also covered are Incentives to Lease. There are several ways to offer these incentives, some of which may harm the interest of the lessor. This chapter explains how to grant incentives whilst not diminishing the market value of the property & covering the interests of the lessor if the lessee subsequently default.
Chapter 9
Residential Lease
Residential Leasing (renting a house or apartment to live in) is governed in NSW by completely different legislation than that controlling commercial leases. The difference could not be more stark. The Laws governing Residential Leasing including rules that apply to:
- Holding fees;
Disclosure obligations;
Costs of preparing lease;
Bond;
Rent payments and receipts;
Water usage;
Subletting;
Sale of rented premises; and
Termination.
Prohibited lease terms, and new grounds for tenants to overturn termination notices and remain in occupation.
Provides all the necessary documents including the new Standard Form Lease, tenant checklist, notices, and bond lodgement forms.
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Our Practice Guides
Over 100 precedents including Leases, letters advising, Agreements to Lease, Incentive Deeds, Car Park Licences and more.
Our practice guides are written for lawyers by practising legal practitioners. Our guides are practical, not academic. There is a concise description of the practice and procedure, with helpful tips. The commentary is kept up to date. Login to access the most recent version every time you use the guide. As well as practical guidance, this publication contains over 100 useful precedents. The precedents are kept up to date, so each time you download one you know that you are getting the most up to date version.
