Commercial Leasing Lawyers Albury Wodonga

Commercial leasing in Albury Wodonga and the border region

Commercial leasing on the NSW–Victoria border is unusual because two regulatory regimes can apply to the same business. A landlord in Wodonga and a tenant operating cross-border to Albury (or vice versa) may face different statutory obligations depending on the location of the premises. Harris Lieberman has acted on commercial and retail leases on both sides of the river for decades.

What we advise on

• Lease drafting. Drafting commercial and retail leases tailored to the premises, the tenant's use, fit-out arrangements, and the landlord's long-term position. Particular focus on rent review mechanisms, term and option, outgoings, make-good obligations, and personal guarantees.
• Lease negotiation. For tenants, we negotiate landlord-favourable starting drafts. For landlords, we prepare the offer and respond to tenant amendments with commercial pragmatism.
• Retail Leases Act compliance. The Retail Leases Act 2003 (Vic) and Retail Leases Act 1994 (NSW) impose specific obligations on landlords leasing retail premises: disclosure statements, minimum term, prohibitions on certain outgoings, and dispute resolution channels. We get this right at the outset.
• Disclosure statements. The mandatory landlord disclosure required under the Retail Leases Act in each state.
• Assignment and consent. Most leases require landlord consent for assignment to a buyer of the tenant's business. We act for both landlords considering consent and tenants seeking it.
• Disputes. Rent arrears, breach of lease, repair and maintenance disputes, end-of-term make-good claims, and Small Business Commissioner mediation.

NSW-side considerations

Leases of premises in NSW are subject to the Retail Leases Act 1994 (NSW) and the Conveyancing Act 1919 (NSW). Stamp duty on leases in NSW operates differently from Victoria. For tenants with operations on both sides of the border, the structure of a single lease vs separate leases per premises can have meaningful tax and risk consequences.

VIC-side considerations

Leases of premises in Victoria fall under the Retail Leases Act 2003 (Vic) for retail premises and otherwise the common law and the Property Law Act 1958 (Vic). The Victorian Small Business Commission provides a low-cost mediation pathway for retail-lease disputes.

Next step

For a confidential conversation about a commercial or retail lease in Albury Wodonga or anywhere across the border region, meet our commercial team, see our broader commercial law services, or contact us directly.