Land & Property
Formbys Lawyers can provide assistance in all commercial, farming and leasing requirements including;
- General commercial law advice
- Preparation, review and negotiation of commercial and farming leases
- Drafting contract terms and conditions for selling and buying farm and commercial properties
- Mortgage and securities review, preparation and lodgement and finance related assistance
- Advice on discretionary trust deeds or unit trust deeds, including preparation of deeds and variations
- Joint venture agreements, partnership agreements and shareholders agreements
- Powers of attorney and Appointment of Enduring Guardians
- Business sale agreements and business conveyancing
Formbys Lawyers can assist with changes to existing agreements, trusts, company structures and company names, changes to directors and other positions and registration details.
Commercial Leases (Warehouse, Factory Unit, Commercial Premises – Non Retail Shop)
We have many years’ experience in the preparation of Leases for Commercial premises. Each type of commercial premises have slightly different requirements. What we are required to do will vary. If you have a managing agent then our role will be different to when you manage the property yourself. If you do not have a managing agent then what is required of us is greater.
With commercial premises the tenant usually pays the costs of the Lease. This is almost always the case with commercial office buildings, warehouses and showrooms.
With a retail shop the Commercial Tenancy (Retail Shops) Act expressly prohibits the passing on of the costs of the preparation of the Lease to the tenant.
The matters on which you need to be clear are; the term of the Lease, the premises you are leasing i.e. the correct title description and accurate sketch or plan, your particular requirements, of the tenant.
Unless you are an experienced commercial landlord we suggest you consider using a managing agent for the management of the premises. A managing agent knows what the usual terms and the current market rent are and also the particular requirement of tenants and landlords. Importantly an experienced agent has the skills and experience needed protect your interest as owner.
Click Here for a client information sheet for the preparation of a Commercial Lease, Warehouse, Factory Unit or Commercial other than a retail shop.
Farm Leases
We have many years’ experience in the preparation of Leases of farming properties, including; dairy, horticulture, broad acre cropping or grazing and pastoral leases.
The important principle in the preparation of Farm Leases is for them to be in plain language and deal with all essential matters.
Farm Leases are quite different from commercial building leases; the relationship with the parties is almost always closer than is found with a commercial Lease. Often the party leasing the property is a neighbour, nephew, brother or someone with whom the Lessor has a personal or social relationship.
Our experience is the requirements for a Farming Lease is often quite different. There is almost never an agent involved in the management of the Lease. Often the Lease will be negotiated by Elders or Landmark or another agent, our experience is the agent usually has no ongoing involvement with the Lease.
Other fundamental differences are with Farm Leases the owner usually pays rates and taxes, with a Commercial Lease, the tenant always pays, there are no provisions for inspection during the term of the Lease and often parts or portions of the property such as the homestead, outbuildings or other facilities are often excluded from farm Leases.
Also, the restrictions on the use of the property are often more detailed than they are with a commercial lease.
Additionally, there are no common areas, no sinking funds, and no advertising budget.
When preparing a Lease containing the cost is important. Clear and exact instructions provided to help us to quickly prepare the Lease with minimum follow up or additional work required to get the details needed to finalise the Lease.
If you want a Farm Lease to be prepared complete the client information sheet (link provided below), and forward to our office asking us to prepare a Lease of your farm land or farming property or for an estimate of the likely costs.
The Lessee usually pays the legal costs for the preparation of the Lease. With farm leases we find the owner and the Lessee often agree to split the costs.
Click here to visit our Client Information Sheet for Farm Leases.
We provide the following link to Office of State Revenue to calculate the stamp duty on your purchase or call our office.
We look forward to discussing your needs and how we can assist you today. Call Harry Formby on 08 9354 0300