Commercial acquisitions
Contract review, due diligence, ownership issues, lender requirements and settlement.
Commercial Property & Leasing
Lease drafting, review and commercial property advice, including the ownership and tax structure behind the investment, in a coordinated engagement led by the principal.
How we can help
Commercial disposals
Contract preparation, disclosure, negotiation, discharge and completion planning.
Retail and commercial leases
Lease drafting and review, incentives, guarantees, make-good, options and assignments.
Lease transfers
Assignments, surrenders, subleases, consent requirements and sale-of-business coordination.
Ownership and transfers
Company, trust, individual and related-party arrangements, with integrated legal tax advice and accountant coordination.
Property disputes
Contract, deposit, lease, disclosure and completion issues requiring early commercial strategy.
How we work
The right advice considers more than title and settlement. Ownership structure, finance conditions, permitted use, lease obligations, tax-sensitive clauses and exit options can all affect the value and practicality of the transaction.
- 01
Understand the asset and use
We identify how the property will be held, financed, occupied and eventually exited.
- 02
Find the practical constraints
Title, contract, lease and consent issues are prioritised according to their real commercial effect.
- 03
Coordinate completion
The legal documents, lender, adviser input and settlement requirements are kept aligned.
For landlords and investors
We consider the ownership structure and the lease within a coordinated engagement led by Priya. Before exchange, we review the proposed owner, use, finance and tax-sensitive terms with your accountant. Once the structure is agreed, the lease needs to reflect how the property will actually operate.
Our work includes lease drafting, disclosure statements, outgoings, options, guarantees, related-party arrangements and tax issues affecting the investment. Where the Retail Leases Act 1994 (NSW) applies, its disclosure and recovery rules can override the parties’ wording. Actual land tax and the amount recoverable from a tenant are separate calculations.
We can also review a land-tax assessment and the appropriate objection pathway. A dispute about the land value itself generally belongs with the Valuer General.
For tenants
We review the rent and review mechanism, permitted use, fitout, outgoings, repair, make-good, security, assignment and options together. The practical question is whether the lease supports the business plan and what it will cost to enter, operate and leave.
For example, a low starting rent may be outweighed by broad repair obligations and an expensive make-good clause. Bring the proposed lease, disclosure statement, heads of agreement and any fitout or incentive documents before committing.
Coordinate the legal and accounting work
We advise on the lease, ownership documents and legal tax issues. Your accountant provides the financial model, tax records and return work; a valuer supplies any required independent evidence. For an SMSF landlord, the fund’s investment restrictions and actual related-party dealings need separate checks within that coordinated process.
Frequently asked questions
Can you advise on both the lease and ownership structure?
Yes, where the matter fits the practice. We consider them together and coordinate with your accountant on financial modelling and tax implementation.
Does every commercial lease fall under the Retail Leases Act?
No. The premises, use, tenant, term and statutory exclusions must be checked. The document’s title does not determine the answer.
Can a landlord pass all land tax to a retail tenant?
Not automatically. The lease, disclosure and section 26 recovery ceiling matter. The landlord’s actual assessment may exceed the recoverable amount.
What should I provide for a related-party or SMSF lease?
Provide the proposed or existing lease, ownership and trust documents, rent evidence, payment history, property use, finance documents and relevant accountant or auditor correspondence.
Discuss your lease and ownership structure
Send a short summary of the issue, the outcome you want and any deadline. We will check whether we can act and confirm the next step.