Avoiding Issues with Your Commercial Lease

When it comes to managing your commercial property, there are no set rules or ‘tricks of the trade’. However, use of common sense and an experienced property manager can ensure both parties to the lease are happy throughout its duration.

To achieve a mutually successful rental agreement, it’s important to consider the following factors. These will help you avoid tenancy issues, and potentially save you a significant amount of money and headache down the line.


Set clear terms


The commercial terms must be drawn up in a Heads of Agreement and signed by both parties before the lawyer prepares the lease. Make sure terms are clearly delineated and both parties have a solid understanding of them. This will help avoid commercial term disputes in future.


Seek legal advice


Always have a specialist lease lawyer such as Glenn Duker prepare the lease documents. Enlisting the help of a professional with extensive experience in commercial leases will ensure the deal is in order and that all the smallest details are accounted for, allowing for a smooth and stress free transaction and a lack of nasty surprises down the track.


Highlight tenant obligations


The tenant’s obligations should be clearly highlighted by the lawyer in the lease document. It is extremely important to keep the lines of communication between landlord and tenant open during the beginning stages to ensure everyone is on the same page and prevent problems later on.


Get appropriate approvals


You may approve of the fit-outs your lessee wants to carry out, but before any work commences, the tenant must also obtain approval from the appropriate regulatory bodies, such as local councils.


Use an experienced property manager


Leaving the management of your property in professional, capable hands can really save you a lot of time and trouble. It also allows you peace of mind and assurance your property is being properly maintained.


Carry out pre-lease inspections


This is a smart move for both landlord and tenant, protecting both of you from false claims. Conduct a pre-lease inspection of the property and document the condition of the tenancy prior to lease commencement. This is can be done in the form of photographs, so don’t hesitate to use your camera to record these details.




The landlord should also ensure that the mechanical services of the building (air conditioning, lifts, the intercom) are maintained properly with service agreements put in place. Many commercial property tenant issues arise due to the breakdown of these services, which is why having the agreements in place from the very beginning of the lease can elevate the unnecessary strain on both parties when these situations occur.

Being organised from the start and maintaining communication with your tenant is key in ensuring the success of your property lease. If you’re seeking legal advice on such matters in Melbourne, contact lawyer and solicitor Glenn Duker, who has the expertise and dedication to help.


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