Peter G Williams & Associates can provide you with the peace of mind and security that a well drafted and duly executed Lease brings to the long-term viability and asset value of a successful business and reliable rental returns on leased property.
We have acted in respect of both city and suburban commercial leases, whether strata titled or not. Many factors influence whether a commercial Lease is a Retail Shop Lease or not, depending on the number of shops in a particular shopping centre, the nature of the business carried on by the Lessee and whether the leased shop is in a cluster of prescribed Retail Shop businesses.
If the Lease is a Retail Shop Lease the Lessor must comply with various statutory requirements under the Retail Shop Leases Act 1994.
As commercial leases can be highly complex, Peter G. Williams & Associates. are able to advise you on up to date legislation and help to minimize compliance risks and ensure your lease is enforcable.
ACTING FOR LESSORS
In acting for Lessors we provide services which include:-
- Preparing Leases including obtaining survey plans from reputable surveyors.
- Preparing Disclosure documents (and Certificates of Independent Legal Advice and Financial Advice) in the case of Retail Shop Leases.
- Preparing Transfers of Leases and Deeds of Assignment of Leases.
- Registering Leases and Transfers of Leases in the Titles Office.
- Preparing Deeds of Extension and Variation of Leases.
- Enforcing covenants in Leases against defaulting Lessees.
- Connecting Lessors with trusted Town planning Experts with whom we have established strategic alliances.
- Advising Lessors on provisions of complex Leases and on Lessor’s rights when Lease is breached by Lessee.
- Preparing Directors' Guarantees when Lessee is a corporation.
Acting for Lessees
Our services provided to Lessee clients include:-
- Exercising options to renew strictly in accordance with terms of Lease
- Advising Lessees on Lease covenants
- Preparing amendments to Lease terms to enhance rights of Lessee
- Surrenders of Leases
- Advising on applicable provisions of Retail Shop Leases Act and the Property Law Act 1974
- Advising Lessee in respect of enforcement of rights against Landlord, for example the right to quiet enjoyment
- Advising Lessee how to structure Lease from a risk management perspective
- Value adding by connecting Lessee with non-lawyer experts such as reputable cost and tax accountants, town planners, and registered valuers.
We are equipped to act for owners of commercial and residential property who have been served with a Notice of Resumption by a State Government Department or Local Authority. In the current economic climate, government agencies have sought to take advantage of the recent slump in property values judging by the record number of clients we have acted for in resumption compensation claims under the Acquisition of Land Act 1967.
Land owners who receive a Notice of Resumption of all or part of their land should immediately seek legal advice as to your entitlement to compensation as strict time limits apply to such an application. Upon being retained in a resumption compensation matter we will assist you to engage the services of a competent registered valuer to seek a Report as to the appropriate quantum of your claim.
In the case of resumption of all or part of the land by a government agency the land owner is entitled to fair compensation from the Government agency, plus usually reimbursement of reasonable legal costs and the costs of the valuer.
Usually the matter will settle before it is necessary to file proceedings in the Land Court.
Whether you are a Lessee or property owner, it pays to engage an experienced solicitor to ensure that your best interests are carefully represented. Peter G.Williams & Associates has extensive expertise gained over more than 25 years practising in Queensland.