Whether you’re leasing office space in the Perth CBD, signing a warehouse lease in Welshpool, or renting out a shopfront in Fremantle, the terms in your commercial lease will affect your business for the duration of the agreement. A poorly drafted lease can leave you exposed to unexpected outgoings, unfavourable rent reviews, or make good obligations that cost far more than they should when the lease ends.
Western Australia’s commercial leasing landscape is shaped by the Commercial Tenancy (Retail Shops) Agreements Act 1985 for retail premises, while non-retail commercial leases are governed by the Property Law Act 1969 (WA) and general contract law. Whether or not your lease falls under the retail legislation, getting the terms right at the outset is the most cost-effective way to avoid disputes down the track.
At Lease Lawyers, we provide fixed fee commercial lease services for landlords and tenants across Perth and Western Australia. We draft, review, and negotiate lease agreements that protect your position and comply with WA law.
Our commercial lease agreements start from $950+GST. That’s a fixed fee quoted upfront, covering the full process from initial consultation through to the signed agreement.Enquire Online Now
We prepare lease agreements that clearly define each party’s rights and obligations. Every lease we draft covers rent, lease term, permitted use, outgoings, maintenance, rent review mechanisms, options to renew, and make good obligations. We tailor the agreement to your property type and commercial arrangement rather than relying on generic templates that miss the details relevant to your situation.
If you’ve been handed a lease to sign, we go through it clause by clause and explain what it means for you in practical terms. Common issues we identify in Perth leases include outgoings clauses that allow the landlord to recover costs beyond what was disclosed, rent review mechanisms without a clear dispute resolution process, option notice deadlines that are easy to miss, and make good requirements that could cost you significantly at lease end. A lease review before signing catches problems while you still have the ability to negotiate changes.
Most lease terms are negotiable before signing, but many landlords and tenants don’t push back because they assume the document is standard. We negotiate on your behalf to secure terms that reflect your priorities. For tenants, that often means rent-free periods, fit-out contributions, outgoings caps, and limitations on personal guarantees. For landlords, we focus on strong default provisions, enforceable rent review clauses, and clear assignment restrictions.
Perth has a large investor market, and many commercial landlords manage multiple tenancies across different property types. We provide ongoing legal support for property owners and property management companies, handling lease documentation, tenant communications, and legal issues as they arise across your portfolio. Our fixed fee approach makes it cost-effective to access legal support whenever you need it, rather than avoiding professional advice because of concerns about hourly billing.
Perth’s industrial precincts through Welshpool, Kewdale, Canning Vale, Henderson, and the Kwinana industrial strip involve lease considerations that go beyond a standard office or retail arrangement. Permitted use restrictions, environmental compliance, heavy vehicle access, and specialised fit-out requirements all need to be addressed. We prepare industrial lease agreements that cover these practical needs alongside the standard commercial terms.
When a tenant needs to transfer their lease to a new party, the process needs careful documentation to protect everyone involved. Under the Commercial Tenancy (Retail Shops) Agreements Act, landlords cannot unreasonably withhold consent to an assignment of a retail shop lease. For non-retail commercial leases, assignment rights depend entirely on what the lease says. We handle the documentation for both landlords and tenants, ensuring the process protects your position regardless of which rules apply.
When a dispute arises over rent, outgoings, maintenance, make good, or any other lease issue, we work to resolve it as quickly and cost-effectively as possible. Retail lease disputes in WA can be referred to the WA Small Business Commissioner for mediation before proceeding to the State Administrative Tribunal (SAT). For non-retail commercial disputes, the resolution path depends on the terms of the lease. We represent clients across all forums and focus on practical outcomes.Enquire Online Now
The legal framework for commercial leasing in Western Australia depends on whether your premises qualify as a “retail shop” under the Commercial Tenancy (Retail Shops) Agreements Act 1985. Unlike South Australia, where the leasing legislation covers both retail and commercial premises, WA’s Act only applies to retail shop leases for premises with a lettable area of 1,000 square metres or less.
Where the Act applies, landlords must provide a disclosure statement and tenant guide at least seven days before the lease is signed, there is a minimum five-year lease term (including options), key money is prohibited, and there are specific rules around rent reviews, outgoings recovery, and operating expenses. Land tax can be recovered from retail tenants in WA, but only on a notional single-holding basis, which limits what the landlord can pass on.
If your premises fall outside the Act (as is the case for most offices, industrial sites, and larger commercial spaces), the lease is governed by the Property Law Act 1969 (WA) and general contract law. This gives both parties more flexibility in how terms are structured, but it also means there are fewer statutory protections. The lease agreement itself becomes your primary source of rights, which is why the quality of the drafting matters so much.
If your lease involves retail premises specifically, our retail lease lawyers can help with the additional compliance requirements.Enquire Online Now
You’ve found a space and been handed a lease to sign. Before you commit, we review the agreement and tell you exactly what you’re signing up for. We identify the clauses that could cause problems and negotiate changes where needed.
You’re a landlord and need a lease drafted. We prepare an agreement that protects your property investment with clear tenant obligations, structured rent reviews, and practical provisions for dealing with default, assignment, and make good at lease end.
You manage multiple commercial properties. We provide ongoing fixed fee legal support across your portfolio, handling lease documentation, renewals, and tenant issues as they arise without the cost uncertainty of hourly billing.
Your rent review is coming up and you’re not sure where you stand. We review the rent review clause in your lease, advise on the process, and help you understand your options if the parties can’t agree on the new rent.
Your tenant wants to assign the lease. We assess whether you can reasonably refuse consent, prepare the assignment documentation, and make sure the incoming tenant provides appropriate security.
The lease is ending and there’s a disagreement about make good. We review the clause, tell you what’s actually required, and negotiate with the other party if the scope or cost is disputed.Enquire Online Now
Fill out our enquiry form or send us a message. We respond within 2 business hours.
We discuss your requirements and give you a fixed fee quote before any work begins. No obligation.
We prepare your lease agreement or review the one you’ve received, making sure it complies with WA law and protects your interests.
You review the draft and come back with any questions or changes. Revisions are included in the fixed fee.
We guide you through execution and advise on next steps, including lease registration where applicable.Enquire Online Now
Fixed fee from $950+GST. No hourly billing. You know exactly what your lease will cost before we start, and that fee covers the full process including revisions.
WA legislation expertise. We work with the Commercial Tenancy (Retail Shops) Agreements Act 1985 and WA property law regularly. Your lease will reflect the legal requirements specific to this state.
We act for both sides. Whether you’re a landlord or a tenant, we bring the same attention to your agreement. Understanding both perspectives means we draft leases that are practical and less likely to end in a dispute.
All property types covered. From CBD offices and retail shopfronts to industrial warehouses and Kwinana strip logistics premises, we handle leases across every commercial property category in Perth.
Fast turnaround. We respond to enquiries within 2 business hours and most standard lease agreements are completed within 3 to 5 business days.Enquire Online Now
Our fixed fee for drafting a commercial lease agreement is $950+GST. This covers the full process from initial consultation through to the completed agreement. For lease reviews and more complex matters, we provide a fixed fee quote after understanding your requirements.
The Commercial Tenancy (Retail Shops) Agreements Act 1985 applies to leases of retail shop premises with a lettable area of 1,000 square metres or less. It generally covers premises used for carrying on a retail business in a retail shopping centre, or premises used wholly or predominantly for selling goods by retail. Most offices, industrial sites, and larger commercial spaces fall outside the Act. If you’re not sure, we can assess your situation and let you know which rules apply.
Unlike some other states where land tax recovery is fully prohibited for retail tenants, WA allows landlords to recover land tax from retail tenants but only on a notional single-holding basis. This limits the amount the landlord can pass on compared to their actual land tax liability. For non-retail commercial leases, land tax recovery depends on what the lease says. It’s an important clause to check before signing.
The most important areas to review are the rent review mechanism, outgoings definitions, make good obligations, permitted use restrictions, assignment and subletting rights, personal guarantee terms, and termination provisions. We check all of these as part of our lease review service and explain what each one means for you in practical terms.
Make good obligations set out what the tenant must do to restore the premises at the end of the lease. This can include removing fit-outs, repairing damage, and returning the space to its original condition. Without a clear clause, disputes about the scope and cost of these works are common. We make sure the lease spells out exactly what’s expected.
Under the Commercial Tenancy Act, retail shop tenants with a lease longer than six months are entitled to a minimum five-year term, including any option periods. A tenant can agree to a shorter term, but the process for doing so must comply with the Act. For non-retail commercial leases, there is no statutory minimum term.
For retail lease disputes, the WA Small Business Commissioner provides mediation services. If mediation doesn’t resolve the matter, it can be referred to the State Administrative Tribunal (SAT). For non-retail commercial disputes, the resolution process depends on what the lease says. Most leases include a clause requiring negotiation or mediation before court proceedings. We represent clients across all forums and focus on resolving matters as quickly and cost-effectively as possible.
Yes. Most terms are negotiable before signing, including rent, lease duration, rent-free periods, outgoings caps, fit-out contributions, option terms, personal guarantee limits, and assignment rights. Having a lawyer involved during negotiations often results in meaningfully better terms for both landlords and tenants.Enquire Online Now
We provide commercial lease services to clients across Perth and throughout Western Australia. Our fixed fee services are delivered online and over the phone, so your location doesn’t affect the service you receive or the price you pay.
Whether your commercial property is in the Perth CBD, Fremantle, Joondalup, Mandurah, Welshpool, Kewdale, Canning Vale, Henderson, or anywhere else in WA, we can draft, review, or negotiate your lease agreement.
Looking for commercial lease lawyers in another state? We also help clients in Sydney, Melbourne, Brisbane, and Adelaide.
Fill out our online enquiry form and a member of our team will be in touch within 2 business hours. We’ll discuss your situation, provide a fixed fee quote, and get your commercial lease agreement prepared. No hourly billing and no hidden costs.
Contact us today, we generally respond within 2 business hours.
