Commercial Leases Intensive
Start time 7 Oct 2021 9:00am (Australia - Melbourne)
End time 7 Oct 2021 12:30pm (Australia - Melbourne)
Location Live Stream Only
Speaker See Full Program
Catering Not Included
Designed for Legal Practioners
Product Code I21024
CPD Points:

Substantive Law: 3.0
(includes GST)

Commercial Leases Intensive

7 Oct 2021 9:00am - 7 Oct 2021 12:30pm (Australia - Melbourne)
Live Stream Only

The Rise of Commercial Sub-letting  

With an increase in commercial tenants needing to reassess their space needs and ability to pay, we have seen an increase in many tenants wanting to sub-let their premises in order to mitigate their potential loss.

This session will outline the major risks in negotiating and drafting sub lease agreements given the ongoing uncertainty, including sub-tenants ability to perform under the sub-lease.

This session will cover:

  • Tips when negotiating and drafting commercial sub lease agreements;
  • Risks to both Sublessors/ Sublessees;
  • Shared amenities/facilities;
  • Outgoings/costs;
  • Maintenance issues;
  • COVID-19 related risks and liabilities.

Lease Incentives – What Can Go Wrong? 

Lease incentives are more commonly being offered in commercial lease negotiations to entice tenants to enter into the lease in an ever-competitive market. This session will discuss the implications of a lease incentive and the traps that both landlords and tenants need to be aware of, and will include:

  • Tax Implications;
  • Rent Free Periods;
  • Can the lease be assigned under the incentive;
  • Deed/Disclosure of Incentive;
  • Repayable incentives;
  • Contribution towards fit out and ownership;
  • Default provisions under the incentive;
  • Clawback provisions;
  • Case update and lessons learnt in this area.

Eviction Notice! Terminating the Commercial Lease

This session will discuss the process when evicting a commercial tenant including some of the subtle complexities that can derail an attempt to evict.

  • The entitlement to evict and whether there was a breach;
  • Termination by notice or a right to re-entry;
  • Dealing with wrongful eviction by the landlord;
  • Commencing proceedings for re-entry;
  • Damages;
  • The risk of a set-off claim.
  • Ongoing impact of covid related legislative updates on the above

Presented by: Rex Afrasiabi, Principal, M A Legal