Legal Contract and Legal Document Templates

2015-11-04T20:49:00.001+11:00

Entering a Distribution Agreement is one effective strategy to expand your market reach. But like all business relationships, distribution arrangements work best when they’re effectively managed and monitored.

Distribution agreements protect both parties
and help to grow your business.

Using the services of a distributor, or going into business as a distributor, is a common business practice that all too often is left to a conversation and a handshake. If you are serious about your business, you will want to make sure your Distributor Agreements are drafted correctly and provide you and your business with strong legal protection.

A good Distribution Agreement is one that all parties can rely on so no-one is left in the dark. Read More

2015-10-30T14:24:00.002+11:00

Should my family lawyer finalise my Financial Agreement?

One of our customers contacted us this week, enquiring as to whether his long-term local lawyer, who had acted on behalf of himself and his wife for many years, could prepare and finalise his Financial Agreement.

The difficulty with appointing your family’s long-standing lawyer to finalise your agreement is that the same lawyer cannot act for both yourself and your partner. Both parties need to be represented by a separate and fully independent solicitor.

So naturally the question arises: will the lawyer who has acted for your family’s legal matters in the past, act for you or your partner in your property settlement proceedings? Read More

2015-10-30T14:08:00.000+11:00

Month by Month Leasing - Victoria Australia

We received a burning question from Peter regarding leases. He asked...

"I own a retail shop and it has just been vacated, the new tenant does not want a lease, they just want to rent it month by month.

I know the person and am happy with the arrangement however I want to know if I have to have a retail lease by law and if I need to give the tenant a Landlord’s Disclosure Statement? The shop is in Victoria." click here for the answer

Agency Agreement Template

2015-10-29T13:54:00.002+11:00

What is an Agency Agreement?

It is a legal contract between an agent and a principal.

Anyone who wishes to engage another more suitably qualified person to market and sell products on their behalf may find value in using an Agency Agreement Template.

A sales Agency Agreement confers specific rights on the agent to enter into legally binding arrangements with a third party customer on behalf of the principal. The principal will be legally bound by the actions of the agent, provided the agent has acted within the scope of it’s authority.

Would I benefit from an Agency Agreement?

If you do not have the time, connections, resources or experience to market and promote your products or services, you may benefit from appointing a sales agent agent. He or she can bring skills and experience to the table that a principal may lack. The principal can benefit from the direct experience of a suitably qualified agent to perform certain tasks on their behalf. This leaves the principal time to focus on their strengths. Read More

Short versus long term leases – Which is the best option for you?

2015-01-21T22:43:00.000+11:00

When negotiating a lease, it’s unlikely you and your potential tenant will have the same priorities. But because a good quality lease depends on a harmonious relationship between you and your tenant, it’s in your best interests to compromise. This is particularly important during the negotiation of lease terms.

Short term versus long term – the pros and cons

One of the first decisions you’ll need to make is about the duration of the lease – will it be short or long term?

A long term lease is typically five years or longer. Offering stability and security, they’re favoured by landlords and investors looking for a high return on investment (ROI), and tenants eager for stability of location.

A short term lease is generally for a period of 5 years or less. Perfect for landlords in a high demand area and agile and flexible tenants, they’re a great lower risk option.

And if you can’t decide between the two, you can always consider including the option of an additional term/s – it might be just what you need to satisfy both parties.

But how do you decide which option is right for you? Here are some of the advantages and disadvantages of long and short term leases, from the landlord and tenant’s perspectives.

Long term leases – The landlord’s perspective

Advantages

Stability - Long term leases offer stability of income and a guaranteed ongoing tenancy.

Certainty – A long term lease allows you to calculate your ROI over the period of the lease. This pays off in the long run as commercial properties are valued and sold based on ROI or yield. This is particularly so if your premises are located in an area where supply outstrips demand. If there is a likelihood the premises will remain vacant for any length of time while a new tenant is found, a long lease will work in your favour.

Disadvantages

More complex negotiations – Commercial leases can be lengthy and complex and negotiating a long term lease that satisfies everyone can be challenging.

Rigidity – Terminating or exiting a long term lease is difficult. Landlords may only do so under pre-determined, specific circumstances. To avoid these problems, consider the situations under which you might want to exit the lease. You can pre-empt them to a degree by including appropriate exit provisions in your lease agreement. However, as with everything in life, you can’t predict, nor plan for all of life’s future events with certainty.

Short term leases – The landlord’s perspective

Advantages

Flexibility - Short term leases give you flexibility in your tenant selection. If your property is in a high demand area – i.e. where demand outstrips supply – you can have the pick of the crop. If the market continues to perform well, you’ll have the security of continuous occupation, along with the opportunity to increase your rent (and alter your lease terms and conditions) with subsequent leases.

Disadvantages

Lack of security – Under a short term lease, you may lack security of income and continuous occupation. This in turn may affect the value of your property and ROI.

Lack of stability – Under a short term lease, you’ll lack the stability that comes with a long term, reliable tenant.

Long term leases – The tenant’s perspective

Advantages

Stability - For tenants wanting to firmly establish themselves in a specific location, long term leases are ideal. Ensuring tenure for an extended period, they provide protection from having to move if the premises are sold or if renewal options aren’t offered.

Certainty - Long term leases allow for long term financial planning. Depending on the rent review terms of the lease, a long term lease allows you to calculate your rental expenses over the long term. Even if the rent review occurs under a market rent review, a long term lease still offers an opportunity for long term financial planning that’s not available under a short term lease.

Flexibility - Tenants may find landlords offering long term leases are more willing to compromise on other lease terms. This may include a rent free period, opportunities to improve or modify the space and exclusivity clauses. Sublease options may also be available, enabling you to cut your long term rental costs. Although these concessions aren’t closed to short term lessees, they may be more difficult to negotiate.

Disadvantages

More complex negotiations – Commercial leases can be lengthy and complex and negotiating a long term lease that satisfies everyone can be challenging.

Increased maintenance and repairs costs – If the property isn’t properly cared for during the term of the lease, maintenance and repair costs can be high.

Greater risk – A long term lease means paying rent over a longer period. For some businesses, this is a financial burden and risk they can’t afford.

Short term leases – The tenant’s perspective

Advantages

Flexibility - For tenants with an uncertain outlook, short term leases offer the ability to scale up or down, moving locations as finances dictate. They’re also a great option for short term or ‘pop up’ businesses wanting to test the market.

A bail out option - It’s estimated that one in three Australian businesses fail in their first year of operation. Another two out of four fail in the second year, and three out of four by the fifth year. A short term lease is a less significant financial risk and offers tenants an ‘out’ in the event of business failure.

Disadvantages

Moving costs – For tenants changing locations with each lease, relocation costs can be high.

Lack of security – Tenants operating under a short term lease may lack security of location and tenure. If the goodwill of your business is dependent on a secure and longer term location, a short term lease may not provide the security of location you need.

Lack of stability – Under a short term lease, tenants may struggle to attract a solid customer or client base, particularly if they’re frequently changing location.

Retail leases

Retail leases operate differently to commercial leases. Other than Queensland, all Australian state and territory retail leasing legislation states that retail leases are automatically for a 5 year term – including any option periods. If a retail lease term is less than 5 years, it’s automatically extended to bring the lease up to a 5 year term. If tenants want a lease term of less than 5 years, they must seek legal advice.

If you’re a potential retail tenant, it’s your solicitor’s responsibility to advise you that if you proceed with a short term lease, you may lose security of tenure and may not recoup your setting up or fitting out costs.

While negotiation should be based on your needs, flexibility is key

Although you and your potential tenant may not have the same needs when it comes to lease terms, it is possible to find a middle ground. In the event that you prefer a long term lease while your tenant prefers a short term lease – compromise. You can always use a combination of the initial term – say 3 years – and grant options of 2 years plus 2 more years (3+2+2).

A compromise like this should satisfy both parties. Your tenant receives a longer term option while satisfying their short term needs. You receive a guaranteed income for a set period, along with the possibility of a longer term tenancy and increased rent if and when the options are exercised. And ultimately, this may be the kind of flexibility you need to exercise to seal the deal.

Options in Commercial Leases

2015-01-21T22:32:00.000+11:00

Potentially beneficial to both tenant and landlord, option clauses are standard inclusions in most commercial leases. But knowing what to include in that clause can be difficult. In this post we break down how an option operates, and how to draft yours to maximise your future security.

What is an option?

An option is a clause in a lease agreement allowing a tenant to renew their tenancy for an additional term.

Does every commercial lease have to include an option to renew?

No. As a landlord you’re under no obligation to include an option term in your commercial lease. However, including one may benefit both parties.

As the landlord, you’ll receive greater potential income security, as well as enhancing your property’s value. This is particularly so if you have a long term tenant, as the risks associated with long term leases are lower.

Meanwhile, your tenant will benefit from continued security of location.

What happens if I don’t include an option term in my commercial lease?

Your tenant will have no right to renew the lease at the end of the term. If you both wish to continue the tenancy, you’ll have to re-negotiate the lease, including lease term and rent.

How is an option exercised?

How your option is exercised depends on the terms of your option clause. Most commercial leases require a tenant to give written notice of their intention to exercise the option. For the ease of both parties, the method of exercise should be as clear and unequivocal as possible.

This means being specific about the form and delivery of that notice, setting it out clearly in your option clause. For example, the notice must be made in writing, delivered to the landlord’s place of business, and must include the tenant’s full name, business name, address and signature. This reduces confusion and ensures the formalities of the lease are carried out.

If the tenant fails to properly follow the terms of the option, they lose their right to exercise it. It’s your responsibility as a landlord to ensure they’ve followed the terms as set out in the lease.

Do time limits apply?

Yes. Most commercial leases specify a time limit in which an option must be exercised. This may be done by specifying a date by which the tenant must have exercised the option, or by specifying a period during which the tenant may exercise the option. This is normally during the last year of the current term, most commonly within the last 3 to 6 months of the lease.

If a tenant fails to exercise the option during the specified time period, they subsequently lose the option. In these circumstances, you may still agree to enter a new lease agreement, but you’re not bound to offer it on the same terms as set out in the option clause. That is, the lease may be re-negotiated.

The legal effect of exercise of option

Although we refer to the continuing tenancy as a ‘further term’, ‘option period’ or ‘renewal of lease’, the valid exercise of an option creates an enforceable and binding agreement. That is, a new lease is created and both parties are legally bound to that agreement.

However, the new lease only comes into effect once the new lease or deed of renewal has been prepared and signed by both parties. Until this is done, there is only an ‘agreement to lease’. So it’s essential you have the new lease or deed of renewal executed immediately after the exercise of the option.

Conditions on exercise of option – tenant default

Option clauses commonly state a tenant cannot exercise their option if they are in breach, or have consistently been in breach of the lease throughout the term. This protects you, the landlord, from having to continue a tenancy with an undesirable lessee.

To secure your position and avoid confusion, state your terms as clearly as possible. For example: by stating that a tenant cannot exercise their option:-

if they are in breach as at the date of exercise of the option, and/or on the last day of the initial term; or
if they have consistently breached the lease throughout the current term (even if the tenant is not technically in breach of the lease as at the date of exercise of the option). You may specify, for example, that 3 or more breaches of the lease during the current term by the tenant, will be sufficient grounds for the landlord to refuse to grant the further term.

Terms of the new lease

A well drafted option clause clearly specifies the terms and conditions which will apply to the new lease. This includes the new lease term and rent, as well as rent review mechanisms.

These new terms and conditions must also be clearly set out in the deed of renewal. Any new clauses included in the deed of renewal (that is, ones not set out in the original option clause) must be agreed to by both parties. If not, the original lease terms will continue unaltered.

Rent reviews

When drafting your option terms, it’s important to include a clause clearly stating how the rent will be determined upon the commencement of the new lease term.

Most leases state that a ‘market review’ will occur at the commencement of any further term. A market review is a rent review of similar properties in the surrounding area to determine the current market rate (you can read more about how they operate here ). The rent is then adjusted upwards or downwards to reflect that review. It may be a rate agreed to between you and your tenant, or a rate determined by an independent valuer.

If your lease does not specify how the rent is to be reviewed at the commencement of a further term, you may not be entitled to an increase in rent for the first year of the new lease. That’s why it’s imperative you include clear and unambiguous rent review information in the option clause.

Retail leases

If you’re the landlord of a retail premises, there are some important considerations to note.
Under all Retail Leases legislation, the tenant has the right to request a market rent review . If that determination is not made before the option date, the law may extend the option period until the tenant has been notified of that determination.

(Note that each state’s requirements concerning the procedure for “retail” market rent reviews will vary slightly from state to state.)

This provision provides certainty to tenants who wish to exercise their option, but have concerns about their ability to meet new rent payments if the market review is higher than they’d budged for. If an agreement about future rent can’t be made, the tenant is able to avoid the risk of exercising their option to renew, and look for new premises instead.

Determining the new lease term

For properties in a high demand area, short term leases may be a better option – after all, supply and demand is in your favour. For properties attracting less interest – for example, those in rural areas – a longer term lease will provide greater income security. But whichever option you choose, negotiating a term that’s in yours and your tenant’s best interests should be your primary goal.

Need more information? You can read more about short versus long term leases here.

The big picture

Offering you greater income security and your tenant security of tenure, an options clause represents a win-win for both parties. By considering the options outlined above, you should be able to negotiate a clause that ultimately benefits both parties.

Related Article: Option to buy real estate

Market Rent Reviews and Commercial Leases

2015-01-21T22:29:00.000+11:00

From a landlord’s perspective, rent reviews are an essential component of a commercial lease.

Reviewing the rent at specified intervals ensures that the rent keeps pace with current market rates.
Rent reviews may be self-executing and provide for a fixed increase, Consumer Price Index (CPI) review or a fixed percentage increase - or contain mechanisms for rent review, as with market rent reviews. This post examines market rent reviews, and factors to consider when finalising rent review provisions in your Commercial or Retail lease.

What is a market rent review?

Market rent reviews are designed to ensure the rent you’re charging remains consistent with rates in the current market. As such, they’re based on the rent paid by tenants in comparable properties in the surrounding area, heavily influenced by supply and demand of similar properties. Market rent reviews can be carried out by you (the lessor), a property valuer or estate agent.

When does a market rent review occur?

While CPI or percentage increase reviews are generally carried out annually, market rent reviews occur at specified intervals during the lease period.

Market rent reviews are commonly carried out every 3 to 5 years and/or at the exercise of an option to renew . That’s because market rent reviews may involve an independent valuation, the costs of which can be high, making them too expensive to carry out annually.

Why choose a market rent review?

In well performing markets, market rent reviews provide a better rate of return. However, in poorer markets, they can result in a decrease in rent. That’s why when considering including a market review in your commercial lease, it’s important to consider the market over the entire lease term - not just at the time of signing.

If the market looks like it will continue moving upwards over the lease term, a market rent review’s a good choice. If things aren't as certain, a CPI increase or 3 to 5% fixed annual review will guard against rent decreases.

Market rent review process

The review process generally begins when the landlord sends a written notice to the tenant, proposing a new rental amount. If the tenant agrees to that amount, the lessor’s determination is deemed to be the current market rent.

If the tenant disputes the new rental amount, landlord and tenant work together to agree on a fair market rent. However, in the event an agreement can’t be reached, and to ensure the review process is fair to both parties, most commercial leases include a clause allowing the tenant to have a valuer appointed to independently determine the market rent.

If your lease is a retail lease, the retail leasing legislation in your State imposes strict rules on how the market rent review process is to be carried out.

Time limits

To ensure market rent reviews don’t drag on unnecessarily, it’s wise to include a clause limiting the time the tenant has to dispute the reviewed rent. Most commercial leases with provisions for market rent review state that the new rent is deemed to be accepted if the tenant does not challenge the amount within a prescribed period – usually within 28 days of receiving the notice of review.

Independent reviews

If an independent review is required, both landlord and tenant have the opportunity to make written submissions to the valuer. A valuer’s decisions are generally binding, and the costs of appointing them are shared equally between landlord and tenant.

Valuers have a wide discretion when applying valuation principles to a market review. That’s why it’s important to ensure rent review clauses contain valuation criteria for the review. These criteria set out the directions the valuer must follow, assumptions they should make, matters they must take into account, and matters they should disregard.

Initiating a market rent review

Who can initiate a market rent review depends on the terms of your lease. However, most commercial leases allow either party to initiate a review. That said, there are some important differences you should note between retail and commercial leases.

Under section 32 of the New South Wales Retail Leases Act, the tenant has the right to request a rental determination. If that determination is not made before the option date occurs, the option period is extended until the tenant is notified of the determination. This is so that the tenant may take into account the new rental amount when determining whether or not to take up the option to renew the lease. In addition, where an early determination is made, the tenant must exercise their option within 21 days of the determination – not the time frame noted in the lease.

(Note that the requirements concerning the procedure for “retail” market rent reviews will vary slightly from state to state.)

Time is also an important factor in a commercial lease. As a landlord, you should ensure you prescribe a time limit in which you have the right to initiate the review process. Take careful note of these limits, because if you fail to act within that time, your tenant may claim you have lost the right of review. This is particularly so if the lease states that time is of the essence.

Ratchet clauses

Because market rent reviews are based on current market rates, they may result in a decrease in rent. Landlords have been known to guard against this by including a ‘Ratchet clause’ in the lease, prohibiting a decrease of rent after a market rent review.

Once common in commercial leases, it’s important to note that Ratchet clauses are void and unlawful in retail leases under state and territory legislation. Under a retail lease, the market rent review is a ‘true market rent review’, meaning the new rent may be less than the rent prior to review.

Is a market rent review right for you?

Whether a market rent review is suitable for you as a landlord depends on your circumstances. If you prefer the certainty of fixed rent increases over time, a CPI or fixed percentage increase may be more appropriate. However, if you’re happy with a higher level of risk and the market is performing well, market rent reviews are a great option.

If you’d prefer to cover all your bases, you can combine a market rent review with a CPI or fixed percentage increase (as long as this is not viewed as a way to avoid a decrease in rent under retail shop leases legislation if your lease is a retail lease). Just remember to consider your needs before making a decision.

How to terminate a commercial lease for non-payment of rent or other breach

2015-01-19T17:25:00.000+11:00

It is a situation landlords hope they will never experience. Their tenant has stopped paying rent and they need to take action to mitigate the damage to their bottom line.

But how does a commercial investor go about evicting a tenant who has stopped paying the rent (financial breach) or breaches the lease in another way (non-financial breach)?

Unfortunately for landlords (but fortunately for tenants!), if you have a problem with your tenants, you can’t just issue an eviction notice, minimise your losses and move on.

The landlord must be diligent
in following the correct
procedures set down by
the relevant legislation
when addressing a breach in a
Commercial Lease Agreement.

There are certain procedures that must be followed, or you might end up in court at the suit of the tenant, over technical or practical flaws in the way the breach was handled.

Commercial leases are covered by state specific legislation which outlines how a breach should be handled.

For example, if you are in New South Wales, your commercial lease will most likely be covered by the Conveyancing Act, the Real Property Act and, if it is also classed as a retail lease, by the Retail Leases Act. This article is written on the basis that the Conveyancing Act and Real Property Act apply (ie. to a factory, warehouse or other type or non-retail commercial property).

The terms contained in the lease agreement itself will also come into play when dealing with a breach of lease.

Explanation of terminology

Re-entry - "Leases also frequently include a right of re-entry allowing the lessor to reclaim the property if the lessee fails to abide by the terms of the lease. When the lessor exercises the right of re-entry and reclaims the property, the lessee has no further right to the premises. However, the lessor may have to take reasonable care to prevent damage to any Personal Property left on the premises by the lessee." Source - Legal Dictionary.

Forfeiture - If the Tenant hasn't paid the rent, the landlord can declare the tenant's rights, and the lease, forfeited by the tenant's breach. The tenant will be liable for landlord's damages, including unpaid rent not paid by a another tenant, forfeiture costs, damages to the premises, advertising costs, etc

If a tenant has breached the lease, either by failing to pay rent, or in some other way, the landlord must follow a certain procedure before the tenant can be evicted.

This is a general guide only and will vary slightly from state to state, depending on the state specific legislation that applies and the particular terms of your lease. For example, in New South Wales, section 129 of the Conveyancing Act, 1919 states that before a right of re-entry or forfeiture under any provision of a lease (for breach of the lease) is enforceable, the lessor must first serve on the lessee a notice that:

specifies the particular breach;
if the breach is capable of remedy, requiring the lessee to remedy the breach; and
in the event the lessor is claiming compensation, requiring the lessee to pay the compensation.

This requirement does not apply to re-entry or forfeiture in the event of non-payment of rent (sub-section (8) of s 129 Conveyancing Act). However, most leases will still require the landlord to give a notice to remedy a breach of non-payment of rent, so make sure you look to the terms of your lease in this regard.

The Conveyancing Act requires the notice to remedy the breach to be in the form prescribed by the Act (contained at schedule 6 of the Act), or in a similar form. A copy of the prescribed form appears below.

If the lessor has not given the tenant the necessary notice before enforcing a right of re-entry or forfeiture under a commercial lease, the tenant may personally bring a suit against the lessor and apply to the court for relief.

The right steps to take

If you find yourself in a situation where you need to take steps to exercise your right of forfeiture or re-entry, the general procedure (depending on the state based legislation that will apply to you and the specific terms and conditions of you lease), is as follows:-

Identify the breach. In what way has the tenant breached the lease or legislation? This might be a financial breach (for example, the non-payment of rent) or a non-financial breach (failing to keep premises in a certain state of repair);
Give the tenant written notice to remedy the breach. In your notice, specify the particulars of the breach and request the tenant remedy the breach (if the breach is capable of remedy and most are) within a stated reasonable timeframe. You should also state the steps that may be taken to remedy the breach. If compensation is payable, stipulate any compensation that you may require the tenant to pay. To summarise, the notice must:
- be dated;
- identify the lessee and be correctly addressed to the lessee;
- identify the lease;
- identify the provision of the lease that has been breached;
- set out the rectification required;
- stipulate the reasonable timeframe by which the remedy must be completed;
- stipulate any compensation that is required to be paid (if any);
- contain any other mandatory information set out in the state legislation, such as this warning to the tenant contained in the prescribed form notice to remedy of the Conveyancing Act, NSW:

“Note: the lessor will be entitled re-enter or forfeit the lease in the event of the lessee failing to comply with the notice within a reasonable time. See Section 129 of the Conveyancing Act 1919.”

If the tenant does not remedy the breach in the allotted time, the landlord can terminate the lease, for example, by re-entry, notice or initiating court proceedings.

A common cause of court battles

Litigation battles over the validity of notices to remedy or whether a lease has been validly terminated are rampant in the court system. As such, it is imperative that landlords ensure the validity of the notice.

It is vital that the notice is correct both factually (that is, the details of the breach are accurate and correct) and in form and content (that is, the notice is in the correct prescribed form or similar, contains all of the required information, and otherwise technically complies with the requirements of a valid notice to remedy).

If the notice is found to be invalid, (for example, the form contains technical errors or the circumstances of the breach are not accurate), then the lessor may have to re-issue fresh notices and start proceedings anew.

Download Word Doc of Notice of Breach.

2014-09-11T22:01:00.000+10:00

Add caption

Separation can take place by one or both parties moving out of the main residence. However, if that is not convenient or possible, you can separate “under the one roof”. The reasons why a couple may choose to separate “under the one roof” are many and varied. Usually it is done for financial reasons and as a short term arrangement until the family home is sold or finances are re-arranged, giving the parties the funds to move forward read more

Secured Loans and Personal Property Security Register

2013-06-06T09:03:00.000+10:00

People borrow and lend money for all sorts of reasons. It may be a close friend short of cash or Uncle Tommy needs money to renovate his house? Apart from the issues of what happens if the borrower fails to repay the loan, what happens if someone dies and there is no paper trail to say what was agreed to if anything?

If you are lending money to another party with an item of property offered as security then you must under the new PPSA (Personal Property Securities Act 2009) clearly document that property.

It doesn’t matter whether the property is tangible (eg, car, boat, plane) or intangible (eg, shares, patents), it must be registered.

We have revised our Secured Loan Agreement so that it contains all the provisions required to document a loan arrangement, including those required by the PPSA. This means that the lender can register their interest on the Personal Property Security Register (PPSR) so they have the rights to that property as security in the event that the loan is not honoured.

For more information go to “What do I need to know about the Personal Property Securities Act?” at http://www.rpemery.com.au/articles/about-ppsa-loans.html

Or view our Revised Secured Loan Agreement at http://www.rpemery.com.au/online/loan-agreements.html

Difference between assigning a lease and subletting

2013-06-04T08:34:00.000+10:00

“Assigning” and “subletting” may sound like interchangeable terms but are vastly different.

If you have space in your leased premises that you are thinking of assigning or subletting to another, you should make yourself familiar with the legal effects, the pros and the cons of both assigning and subletting.

What is an assignment of lease?

Where a tenant decides they no longer wish to be bound by a lease, they can transfer all of their rights and obligations under the Lease to another (with the landlords consent), who then assumes the position of tenant.

What is a sublease?

A Sublease enables a tenant who has spare space that is not being utilised to sublet that space to another.

The Sublease is essentially an Agreement between the sub-lessee and the existing tenant. The existing tenant will still ultimately be responsible to the landlord, even for defaults of the sub lessee, for example, non-payment of rent or damage to the premises.

For more information click here

2013 Updates to the Western Australia Residential Tenancy Laws

2013-05-28T13:29:00.000+10:00

The Western Australian Residential Tenancies Act 1987 has recently been reviewed and amended.

Here is a summary of the main changes starting 31 July, 2013.

A new prescribed form must be used for all residential tenancy agreements.
Requirement to lodge security bond with Government Agency.
Requirement to complete Condition Reports at start and end of tenancy.
Limits to option fees.
Pet bonds can be requested for all pets capable of carrying parasites that can affect humans.
The tenant cannot be made to pay more than 2 weeks rent in advance at any time throughout the tenancy.
The lessor must ensure the residential premises are reasonably secure.

To Download an up to date WA Tenancy Agreement Kit please visit http://www.rpemery.com.au/online/residential_tenancy_agreement_wa.html

5 key issues that will affect your bottom line when entering a Commercial Property Lease

2013-05-09T09:39:00.000+10:00

5 Tips of things to look for in a Commercial Property Lease

Are you signing up or thinking of signing a commercial lease? Here are a few key provisions to look out for.

Rent

The biggest outlay when renting a property is rent so it’s vital to understand the potential monetary obligations. You need to know how much, how it is calculated and whether it will automatically increase (often referred to as rent reviews or rent adjustments).

Ratchet clauses

A ratchet clause is a clause which attempts to prevent any decreases in the rent.

Ensure that your lease review provisions are clear and that there is no attempt to prevent a legitimate decrease in the rent.

Outgoings (operating expenses)

Sometimes a tenant is required to contribute towards the outgoings (or operating expenses) of the leased premises. These operating expenses can include things like rates, taxes, cleaning costs for the building, insurances and the like.

Other Expenses

The Lease may place other financial or related obligations on the tenant eg fixtures, fittings, equipment or services, etc

Lease term and options

The term of the lease is the amount of time you can rent the shop for under the Lease, eg 5 years. At the end of the initial term of the Lease, there may be an option for the tenant to continue on under the Lease for a further term or terms. Make sure you check the way rent is calculated for the option period as sometimes it can vary.

See full article at here

How To Use An Employment Contract Template To Streamline Recruitment

2013-05-02T14:11:00.000+10:00

How an Employment Contract template can streamline your recruitment process

Recruiting and employing staff is fundamental to any business, large or small. If you’re not used to the process of putting on new staff it can be easy to overlook important legal requirements which can cause hassles down the track.

That’s where Employment Contract Templates come in – they can be used as a handy guide or checklist to ensure that all the essential legal stuff is taken care of.

When you sit down with your new employee – go through the contract together. It will cover important issues like payment and the award (if applicable), hours, the role of the employee, tasks, confidentiality and so forth. The contract ensures that both parties understand their obligations in the relationship and reduces the likelihood of conflict down the track.

A written Employment Agreement provides a solid record of your arrangements and starts your professional relationship in the right way.

To see full article go to
http://www.rpemery.com.au/articles/employment-contract-templates.html

Estate Planning and Financial Agreements

2013-01-29T10:10:00.000+11:00

Financial Agreements are an effective way for couples (married, defacto, separated or divorced) to determine the division of assets and/or liabilities in the unfortunate event of a breakdown in the relationship, however it does not take the place of a valid Will.

A Binding Financial Agreement or BFA will continue to operate despite the death of a party but it does not set out how a party wishes to have their assets distributed upon their death.

What if there is no Will?

If a Will is not in place, any assets and liabilities will be dealt with according to strict rules and procedures governed by the legislation of your particular State. This may result in a lengthy process which does not take into account your personal situation or your preferences of who is to receive your assets.

When should a Will be reviewed?

It is advisable to review your Will frequently to ensure it still reflects your wishes as your life changes. For example, you should review your Will in the following situations – marriage (or de facto cohabitation), separation and divorce, birth of children, death of beneficiary, spouse, executor or trustee click here to read more

for more information click here

What costs nothing and ensures your Voice is heard?

2013-01-24T12:46:00.001+11:00

Answer: Power of Attorney Document.

A Power of Attorney is a document that allows us to voice our decisions at a time when we are absent or unable to speak for ourselves.

It could be that you are away from home, for example, on holidays and need someone to take care of financial matters like bills, banking, shares etc. This is called a General Power of Attorney.

Or it could be the long term arrangement we put in place for financial matters in case we lose mental capacity due to illness or accident. This is an Enduring Power of Attorney.

Or it can be the document that sets out the medical or lifestyle decisions you would like to be made on your behalf when you are no longer capable of voicing them yourself. This is called Guardianship.

No matter which scenario, a Power of Attorney (General or Enduring) or Guardianship is a straightforward document that costs nothing but your time to implement.

We’ve spent some time researching what documents are available for each Australian State and have put all the documents together in one place for your convenience. You can choose which document you need and download them free of charge. Click here

We’ve also put together information pages to help you understand how Power of Attorney documents work. Go to www.rpemery.com.au

Whether you need one for yourself or for a family or friend – please use the resources and put it in place so you can rest easy knowing your voice will be heard no matter what.

Latest E Magazine From RP Emery

2012-09-11T15:28:00.000+10:00

We have just published our latest e-magazine which is full of great ideas and articles. It's well worth a read, you never know what you will pick up from it.

Click here to check it out

What is a prenup

2012-08-23T09:46:00.000+10:00

What is a prenuptial agreement?

A pre-nup agreement is now referred to as a Financial Agreement under the recent amendments to the Family Law Act.

A pre-nuptial (or Financial Agreement) allows parties to a relationship to make a formal agreement before the wedding about their assets and/or liabilities.

To find out more about our easy prenuptial agreements please click here

Website Privacy Policy Template

2012-08-06T11:08:00.000+10:00

Free Website Privacy Policy Template

If your website collects any visitors personal information, you should have a privacy policy in place. It is also seen by major search engines now as a must have for credibility.

A solid privacy policy is actually very simple to do. Just follow the link below to get yours for FREE.

We are giving away a FREE Website Privacy Policy - please click here

Last Will and Testament

2012-07-17T14:42:00.002+10:00

LAST WILL AND TESTAMENT

None of us like to think of our life coming to an end, but in reality, we all need to be prepared for that time. Upon our passing our property will either be dealt with by the State, or in writing of our own which is also known as a Last Will and Testament. Making a Will does not necessarily need a lot of time or effort, but making sure it is done right is important. There are laws that handle how a person’s property is handled after their death, and you must be sure you meet the proper requirements.
For more detailed information and to download an easy to use Legal Will Kit, please Click here

Employment Agency Agreement

2012-07-17T12:11:00.002+10:00

This Employment Agency Agreement is to be used by a temp agency or employment agencies or where staff are recruited on behalf of another company or business.

It lays out a relationship between your client and yourself. Everything needed is all clearly stated in this agreement. It will help to ensure your relationship with your client continues safely.

For more information and to get a copy of this agreement please click here

What is a Land Lease Contract?

2012-05-25T11:53:00.001+10:00

A Land Lease allows a livestock owner defined rights to work or use the land for the purpose of creating a profit. Our Land Lease allows you to document the rights and obligations of both the livestock owner and the land owner. You are able to tailor the Agreement to suit your own circumstances.

The RP Emery Agricultural Land Lease balances the shorter term interests of the farmer to work the land for profit, with the land owner’s overriding interest of maintaining the long term viability of the land.

For more detailed information and to get a copy of this agreement please click here

Separation Agreement for a Married couple under sect 90C of the Family Law Act

2012-04-03T10:41:00.003+10:00

Is a Separation Agreement right for you and will it work?

If you are a Married couple under sect 90C of the Family Law Act and you are just dealing with assets and liabilities - house(s), property, and debts etc Then yes, this separation agreement kit will cover all of that easily.

If there are maintenance or custody of children involved it might be that you need a Child Support Agreement(read more here) and/or a Parenting Planclick here.

You can also view commonly asked questions or FAQ's about Separation Agreements.right here.

Rental agreements and communicating with tenants in Australia

2012-03-29T13:51:00.003+11:00

Rental agreements and communicating with tenants

Landlords often need to be in contact with their tenants. Whether you're allowing some alterations, informing them of an inspection or giving them notice, these types of contact are prescribed by the Residential Tenancies Act and Regulations.

Put simply - contact with a tenant needs to be done in a particular way and sent within a specific time frame. If not then you may find yourself on the wrong side of the law.

Here is a simple solution to prevent any future problems CLICK HERE

Agistment and the Law

2012-02-15T13:32:00.002+11:00

How do you agist livestock?

Agistment is the placement of livestock from one location onto another for food, water, and housing - in return for a fee of some kind.

For a landholder agreeing to the agistment, there are things that should be negotiated and agreed on. This really should be in writing so that all parties are aware of their responsibilities. A written agreement details the terms and reduces the chances of a dispute arising.

An agistment contract and more information can be found at www.rpemery.com.au