Commercial Leasing

Office, Warehouse or Industrial Space — Negotiate a Lease That Works Commercially.

Office, industrial, warehouse, medical and other non-retail premises.
Acting for both landlords and tenants across NSW.
Rent reviews, outgoings, make-good, guarantees, options and registration.
Freely negotiable terms — which is exactly why they need to be negotiated well.
A property lawyer on your file, not just a leasing agent.

Commercial lease lawyer reviewing an office lease with a business owner in NSW

Freedom of contract — and the risk that comes with it

Commercial Leases Are Whatever the Parties Agree

A commercial lease — for an office, warehouse, factory, showroom or medical suite — is not covered by the tenant-protection rules of the Retail Leases Act 1994. That means the terms are almost entirely a matter of what the landlord and tenant negotiate and sign.

That freedom cuts both ways. There is no statutory safety net requiring a minimum term, capping outgoings, or striking out an unfair rent-review clause. Whatever the lease says is very likely what a court will hold you to. So the real protection in a commercial lease comes from the drafting and the negotiation — not from legislation.

At Corporate Legal, a qualified property lawyer prepares, reviews and negotiates your commercial lease so the term, rent reviews, outgoings, make-good, guarantees and exit options all reflect what you actually agreed — whether you are the landlord granting the lease or the tenant taking it.

Corporate Legal provides legal services only — not financial, taxation, leasing-agency or business-valuation advice. Whether a particular premises or rent suits your business is a decision for you and your accountant or adviser.

Been sent a commercial lease or agreement for lease? Let’s review it first

Know which set of rules applies

Is It Really a Commercial Lease — or a Retail One?

The first question on any lease is which regime governs it, because it changes everything that follows. If the premises are a shop or a listed retail business, or a tenancy in a shopping centre, the Retail Leases Act 1994 almost certainly applies — with disclosure statements, a five-year minimum term and capped outgoings.

If the premises are a true commercial tenancy — office space, an industrial unit, a warehouse, a standalone medical or professional suite — the Act generally does not apply, and the lease stands on its own terms. We confirm the classification before anything is signed, because the wrong assumption is an expensive one for both sides.

Not sure which one you have? Compare retail leasing

Comparison of retail versus commercial lease obligations in NSW

The clauses that decide the deal

The Commercial Lease Terms That Matter Most

Because a commercial lease is only as good as its drafting, these are the provisions we focus on for every landlord and tenant:

Term & Options

The length of the lease and any options to renew shape certainty and value for both sides. We make sure options are exercisable, the notice periods work, and the term matches the commercial intent.

Rent & Reviews

Fixed percentage, CPI or market reviews — and sometimes a mix. We check for compounding increases and uncapped market reviews, and negotiate a mechanism that both sides can live with.

Outgoings (Net vs Gross)

Whether the lease is net (tenant pays outgoings on top of rent) or gross matters enormously. We define exactly what is recoverable — rates, land tax, insurance, management — and cap it where we can.

Make-Good & Fit-Out

Who pays for fit-out, and what condition the premises must be returned in, is the single biggest source of end-of-lease disputes. We pin it down clearly at the start.

Security & Guarantees

Bank guarantees, security deposits and personal or directors’ guarantees shift real risk onto the tenant’s business and its owners. We advise on the exposure and negotiate the amount and release terms.

Assignment, Use & Default

Permitted use, the right to assign or sublet, and the default and termination provisions decide how flexible — or trapped — you are. We negotiate the room you need to grow, sell or exit.

Commercial lease or agreement for lease in hand? Send it over before anyone signs.

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Who we help

Commercial Landlords and Tenants Across Every Sector

Offices & Professional Suites

Professional firms, agencies and service businesses taking or granting office space — where fit-out, incentives and outgoings drive the deal.

Incentives & rent-free periods
Fit-out & make-good terms
Options & expansion rights

Industrial & Warehousing

Warehouses, factories, workshops and logistics premises — where access, loading, permitted use, environmental issues and repair obligations need care.

Permitted use & access rights
Repair, maintenance & services
Environmental & compliance risk

Medical & Specialist Premises

Medical, dental and allied-health suites and other specialised premises — where fit-out cost, exclusivity and long-term certainty are critical.

Long-term certainty & options
Fit-out contributions & make-good
Exclusivity & use restrictions

Why it matters

What Careful Commercial Leasing Protects You From

Signing Without a Safety Net

With no Retail Leases Act to fall back on, whatever the lease says generally binds you. We make sure the words on the page reflect the deal you actually did.

Rent That Runs Away

Compounding fixed increases and uncapped market reviews can push rent well past market over a long term. We model the reviews and negotiate the cap.

Unlimited Outgoings

A poorly drafted net lease can pass on land tax, capital works and management costs the tenant never expected. We define and cap what’s recoverable.

A Brutal Make-Good

“Return the premises to base building” can mean a five- or six-figure bill at the end. We scope make-good precisely so there’s no nasty surprise.

Personal Guarantee Exposure

Directors’ and personal guarantees can put a home or personal assets on the line for a company’s lease. We advise on the risk and negotiate limits and release.

No Way Out

If assignment, subletting and options aren’t drafted properly, a tenant can’t exit or sell and a landlord can’t control who takes over. We keep the exit workable.

These risks are cheapest to fix before signing — not after.

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What we do

Commercial Lease Services for Both Sides of the Deal

Whether you are granting a lease or taking one, we handle the whole process — and we only ever act for one party on a given lease.

For Landlords (Lessors)

Grant a strong, protective commercial lease that secures your income, defines the tenant’s obligations and keeps your asset in good order.

Drafting the lease and agreement for lease
Heads of agreement review
Rent-review, outgoings and make-good clauses
Bank guarantee and personal-guarantee terms
Negotiating incentives and fit-out contributions
Assignment, subletting and option controls
Registration of the lease
Advice on default, re-entry and termination

For Tenants (Lessees)

Understand exactly what you’re committing to, and negotiate the terms that protect your business, your cash flow and your personal position.

Reviewing the lease and reporting in plain English
Checking rent reviews, outgoings and the term
Negotiating incentives and rent-free periods
Limiting make-good and fit-out obligations
Reducing or capping personal guarantees
Securing options to renew and assignment rights
Advising on permitted use and exclusivity
Support if a leasing dispute arises

Tell us which side you’re on — we’ll take it from the heads of agreement.

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How we work

How Our Commercial Leasing Service Works

Consultation

A free 15-minute consult to confirm the premises type, which side you’re on, your timeframe and our fixed fee.

Heads of Agreement

We review or help settle the heads of agreement so the key commercial terms are locked in before the lease is drawn.

Draft or Review

Landlords: we prepare the lease and any agreement for lease. Tenants: we review it and report on every material term.

Negotiation

We negotiate rent, reviews, outgoings, incentives, make-good, guarantees and options — then settle the final form.

Signing & Security

We manage execution, the bank guarantee or security deposit, and any personal or company guarantees.

Registration & Handover

Where the term requires it, we register the lease and confirm commencement so both parties start on a clean footing.

Ready to start? Book your free 15-minute consultation.

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Why Choose Corporate Legal for Your Commercial Lease

Commercial-Lease Specialists

Office, industrial, warehouse and medical leases are everyday work for us — we know where the risk hides and how to negotiate it out.

A Lawyer, Not Just an Agent

A qualified property lawyer runs your file, so if a term needs negotiating or a dispute emerges, you’re already covered.

Both Sides of the Table

We act for landlords and tenants, so we know exactly what the other side will push for — and how to protect your position.

Fixed-Fee & Transparent

A clear, upfront fee agreed before we start, so you can budget with confidence and there are no billing surprises.

Commercially Practical

We give you solutions that work in the real world, not just legal positions — so the lease supports the business, not the other way around.

Backed by a Litigation Team

If a leasing dispute arises, our Commercial Litigation team can step in — same firm, no handover, no lost time.

Lease your premises with a firm that gets commercial leasing right.

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Part of a Complete Property & Leasing Service

Commercial leasing rarely stands alone. If you are buying the premises as well as leasing it, holding it inside an SMSF, or facing a dispute over rent, make-good or outgoings, we can support you end-to-end — from the contract through to the lease and beyond.

Explore: Leasing (overview) · Retail Leasing · Commercial Conveyancing · Property Law · Commercial Litigation

Commercial Leasing FAQs

What’s the difference between a commercial lease and a retail lease?

A retail lease is governed by the Retail Leases Act 1994 (NSW), which gives tenants protections such as a disclosure statement, a five-year minimum term and limits on outgoings. A commercial (non-retail) lease — typically office, industrial, warehouse or standalone medical premises — generally falls outside that Act, so its terms are set almost entirely by what the parties negotiate and sign. Confirming which regime applies is always our first step.

Is there a minimum term for a commercial lease?

No. Unlike retail leases, there is no statutory minimum term for a commercial lease, so the length is whatever the parties agree. That makes it important to negotiate a term and options that give the tenant enough certainty and the landlord enough security — and to make sure any options are actually exercisable.

What are outgoings, and can they be capped?

Outgoings are the property costs a lease may require the tenant to pay in addition to rent — council and water rates, land tax, insurance, and building or centre management costs. In a commercial lease there is no statutory cap, so whether and how they are limited comes down to drafting. We define exactly what is recoverable and negotiate caps or exclusions where possible.

What is a make-good clause and why does it matter?

A make-good clause sets out the condition the tenant must return the premises in at the end of the lease. It can range from “fair wear and tear excepted” to a full strip-back to base building — which can cost tens of thousands of dollars. Because it is one of the most common causes of end-of-lease disputes, we make sure it is scoped precisely before the lease is signed.

Should I agree to a personal or director’s guarantee?

Landlords often require a personal or directors’ guarantee, and sometimes a bank guarantee or security deposit as well, so that someone stands behind the company tenant. These can expose personal assets, so before signing we advise on the real risk and negotiate the amount, the number of guarantors, and clear terms for the guarantee’s release or reduction over time.

Do commercial leases need to be registered?

A lease for a term (including options) of more than three years should be registered on title at NSW Land Registry Services so the tenant’s interest is protected against later dealings and any sale of the property. Shorter leases are usually not registered. We advise whether registration applies and handle the process.

Can I get out of a commercial lease early?

It depends on the lease. Options include assigning the lease to a new tenant, subletting, negotiating a surrender with the landlord, or relying on a break clause if one exists. Each has cost and consent implications. We advise on the cleanest available exit and handle the documentation — and if a dispute develops, our litigation team can act.

Can you act for me if I’m also buying the premises or holding it in an SMSF?

Yes. We regularly coordinate a commercial lease with a purchase of the same premises, or with holding the property inside a self-managed super fund. Because the same firm handles the conveyancing, the SMSF structuring and the lease, the whole transaction stays joined up rather than split across different advisers.

Still have questions about your commercial lease?

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Signing a Commercial Lease? Start With a Review

Whether you are a landlord granting an office, industrial or warehouse lease or a tenant taking one, the safest first step is the same: have a property lawyer negotiate and check the deal before you sign. Corporate Legal delivers fixed-fee commercial leasing advice for landlords and tenants across NSW — clear, practical and commercial.

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