Negotiating a Lease for your Business

Post last updated:
February 10, 2023

If you’re considering entering into a new commercial lease for a business, you might be wondering if you need a professional advisor such as a lawyer or if you can complete the leasing process yourself.

Why Engage a Lawyer to Represent You?

Negotiating a lease can be complex, stressful, and the balance of power generally sits with the landlord.  A landlord likely has:

  • experience (potentially extensive) in structuring lease deals to their advantage;
  • knowledge of the property and its intricacies; 
  • a real estate agent acting on its behalf to ensure they find the best tenant on the best terms for the landlord; and
  • the form of lease agreement already drafted and edited in their favour (for example the ADLS Agreement to Lease and ADLS Deed of Lease with landlord friendly amendments and further terms).

As a result of factors such as the above, before you even start negotiating a lease for your business the odds are stacked against you. While learning about leases and doing your own market research is helpful, having a lawyer with specialist market and legal knowledge will even up the balance of power.

How Can a Lawyer Help with the Leasing Process?

At NZ Legal our representation of your business as an occupier will involve:

  • discussing your business requirements and understanding what you need from the premises to operate effectively;
  • helping to negotiate the key terms to:
    ◦ optimise the structure of your lease terms;
    ◦ save you money (for example by advocating for incentives for things like landlord fit-out contributions or rent free periods); and 
    ◦ reducing liabilities (for example by advocating for guarantees to be reduced or capped);
  • ensuring that the key terms from the heads of agreement are reflected in the agreement to lease;
  • reviewing the form of deed of lease and drafting any customised clauses which might be needed for the business to operate optimally; and
  • assisting with any disputes by providing strategic options to achieve the best outcomes. 

Overall, having a lawyer in your corner can provide peace of mind and ensure that your interests are protected throughout the leasing process. If you want assistance with entering into a lease, get in touch with us today by completing the form below. 


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