Getting the right lease for your business

13 October 2008 | 10:31 - By Shivani Gupta

Many people running a small business get caught by leases. A lease essentially provides you with the legal right to occupy premises. It protects you and the landlord by setting out all the agreed terms of occupancy.

When taking out a commercial lease you first have to decide on what premises and lease will be right for your business. Many businesses think about their immediate need rather than take a long term view including growth. I am working with a client who within 12 months had outgrown their premises and now is having to find new premises and recreate the PR.

The lease should clearly state rent; outgoings; other obligations; permitted use and access; location and building design; insurance and signage. It is also important to know who is responsible for the different fees involved. Typically the leasee is responsible for a lease or legal deeds being drawn.

Leases can be negotiated. You can for example ask for a reduction in rent if you are taking the lease for a longer term. Or you may want to ask for an option to renew at the same rent. This gives the landlord certainty and allows you flexibility to assess if the premises still meets your needs at the end of the lease term.

Negotiating is all about having the courage to ask. In a worse case, you will get a no. In a best case, you will create a win-win. Recently I found myself having to negotiate new lease arrangements for our business. The rent and the terms and conditions of the new lease did not meet our business objectives. When the vendors and agent did not want to negotiate, I made the decision with the long term view in mind and decided to move our premises. Although there are short term costs involved, longer term, the benefits far outweighed the costs.

Tips before signing a Lease

  • What is the lease duration?
  • Does the lease have an option to renew?
  • What is the rental and how often does it have to be paid?
  • Does the lease allow for the type of business you want to conduct?
  • Can you sub-let all or part of the premises?
  • Who is responsible for council rates, water costs, legal fees, stamp duty, security, cleaning, under the lease?
  • Negotiate for win-win

Shivani Gupta is the author of Passion@Work which can be purchased from Dymocks online .
Visit www.shivani.com.au

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Comments (2)

29 Jan 2009 11:04 AEST

Allan

From: Nowra

How to get out of a Lease - especially Westfields

Over the next 2-3 years there will more need to break, rather than make, a lease. Usually it is between a small, inexperienced, one-man David and the huge corporation.

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01 Dec 2008 22:09 AEST

Christina

From: Westmead

Leases

It is important to ensure that the right terms apply to the business owner's specific situation, including make good clauses, demolition clauses, rent review and rent free periods amongst other things. More importantly, ensure that the right lease is in place ie should a commercial lease or a retail lease apply. Even more important, changes in the legislation add further assistance to the tenant.

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About this Blog

Risking It All presenter and business expert Shivani Gupta has a passion to see people grow their businesses. Shivani brings her vast experience and practical business sense to help out the entrepreneurs in the television show and the SBS online audience in her business blog.

Shivani Gupta is a business dynamo with heart, vision, values and passion. She is a former corporate executive who “risked it all” herself to become an author as well as establish her own successful business coaching and speaking business, Passion@People. Shivani is well qualified for the role of helping our four start-up businesses, and your business too. Shivani has worked with a range of companies from sole traders to six of Australia’s top ten companies. She has won awards that include ‘Telstra Young Business Woman of the Year’. She was born in India and grew up in Australia. For more information about Shivani visit www.shivani.com.au

 
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