August 2026 - Matti Lamb & Associates

Commercial leasing tips for landlords – repairs, maintenance and make good provisions

If you own commercial premises that you rent out, a carefully drafted lease agreement is essential. Commercial lease agreements are usually prepared by the landlord (or their legal representative). This is an opportunity to ensure the lease is structured to protect your investment while maintaining a balance of rights between each party and meeting any legislative requirements.

This article outlines some key considerations for landlords to help provide clarity and manage risk when leasing commercial property. It discusses responsibilities for repairs and maintenance and make good provisions; areas that can lead to costly disputes if terms are not clear and comprehensive. The information is general only and we strongly recommend seeking legal advice from an experienced professional when entering a commercial leasing transaction.

General Terms and Conditions

Common provisions found in commercial leases include:

a description of the premises and its permitted use
identification and rights of use for common areas
rent, rent increases and how increases are calculated
required security deposit/guarantee
term of the lease, options to renew, and how options must be exercised
responsibility for outgoings
repairs, maintenance and make good provisions
allocation of risk – limitation of liability and indemnification clauses
insurance requirements
the circumstances under which the lease may be terminated (for example, breaches, non-payment of rent, insolvency, etc.).

This list is in no way exhaustive and there are numerous other provisions to include depending on the property and the individual leasing transaction.

When negotiating a lease agreement, consider:

Plain language and definitions – use plain language wherever possible and include a list of definitions to help clarify key terms.
Proactive communication – communicating openly to address any concerns promptly can help clarify action to be taken and prevent issues from escalating.
Condition report – a thorough inspection (with photographs) should be conducted and signed off by both parties at the beginning of the lease to document the condition of the premises and establish a clear record. Further inspections can be carried out during the lease to identify any issues.
Contingencies – the lease should provide for a range of unforeseen events, for example, damage or destruction of the premises.
Compliance with legislation – for premises defined as ‘retail’, landlords will need to consider their obligations under relevant retail leasing legislation which regulates retail shop leases and requires landlords to follow specific disclosure requirements.

Repairs & Maintenance

Responsibility for repairs and maintenance can lead to a range of issues. The commercial lease agreement will be the primary source for managing such matters so these provisions should be comprehensive and clear.

Repairs may be general or structural and the lease agreement should distinguish between each.

In most commercial leases the tenant is responsible for general repairs to and maintenance of the premises beyond ‘fair wear and tear’. For example, walls, floors, fixtures, doors, windows, and inclusions should be repaired and maintained by the tenant during the lease term.

A ‘repair’ is generally defined as an act necessary to fix something that has been damaged, whether accidentally or from continued use. If a tenant or their staff or customers damage part of the premises, the tenant is responsible for the repairs needed to reinstate them.

‘Maintenance’ generally means taking some action to delay wear and tear or the deterioration or breakage of an item, such as cleaning and servicing plant and equipment or properly disposing of waste and garbage.

‘Fair wear and tear’ refers to the reasonable deterioration of property or elements of a property that can be expected over time, for example, worn carpets and faded paint or wallpaper. It does not include damage caused by negligence or the failure of a tenant to properly maintain something.

Including definitions in the lease agreement on what constitutes ‘fair wear and tear’, ‘structural repairs’, and ‘general repairs’, etc. can help minimise disputes. Determining responsibility for repairs and maintenance to plant and equipment such as air-conditioning and cool rooms can be problematic so these matters should also be addressed.

Typically, the landlord is responsible for repairing and maintaining major structural aspects of the building. This may include repairs to the building support system and foundations, flooring and ceiling structures, column support, roof, and elements that can pose a safety risk. Expenditure of a capital nature is also typically the landlord’s responsibility.

Make Good Provisions

Subject to the lease provisions, tenants may have made improvements to the property such as fitting out premises at the beginning of the lease term to suit the tenant’s business operations.

When a lease ends, make good provisions require a tenant to return the premises to the same state as the commencement of the lease, usually excluding fair wear and tear.

Make good provisions should be clear and easy for the tenant to understand, specifying what must be removed (i.e. the tenant’s personal property, fixtures, fittings and items that were not part of the premises before the lease commenced) and what work, if any, must be carried out (i.e. repainting, recarpeting).

As noted, condition reports are important for establishing a baseline for make good provisions.

Some tenants may be reluctant to restore premises to their original condition, particularly if they have gone to considerable expense in making alterations. Generally, landlords can enforce these rights provided they are included in the lease agreement. In some cases, however, it may be beneficial to both parties for certain fixtures to remain and the make good provisions can provide options for this scenario.

Conclusion

A well-drafted commercial lease is critical for setting the foundation of a good business relationship between a landlord and tenant. Each party’s rights and responsibilities must be clearly outlined to minimise potential disputes with watertight provisions included concerning responsibilities for repairs and maintenance and make good arrangements.

If you or someone you know wants more information or needs help or advice, please contact us on (08) 8155 5322 or email [email protected].

What to Expect at Your First Meeting with a Family Lawyer

Facing a family law issue can be an incredibly stressful and emotional time. Whether you are contemplating divorce, negotiating parenting arrangements, or trying to divide property, seeking legal advice is important to ensure you understand your position. Your first meeting with a family lawyer is a significant step towards understanding your rights and options. It’s a chance to gather information, ask questions, and build a relationship with the professional who will guide you through this challenging process.

The Importance of the First Meeting

Your initial consultation with a family lawyer is more than just a formality. It’s an opportunity for you to:

Gain clarity: Family law in Australia is complex. A lawyer can explain the relevant legal principles and procedures, and how they apply to your specific situation.
Explore your options: Your lawyer will help you understand the different pathways available to resolve your family law matter, whether through negotiation, mediation, or court proceedings, if necessary.
Assess compatibility: Your first meeting is an opportunity to assess whether you feel comfortable with your lawyer and confident in their ability to represent you. You will need someone you can trust and communicate openly with throughout the process.

Questions to Ask a Family Lawyer

Preparing a list of questions before your first meeting helps you to determine whether you and your lawyer are the right fit, and how you can expect your matter to be conducted. Don’t hesitate to ask questions specific to your circumstances. The more information you have, the better equipped you will be to make informed decisions. Key questions to consider include:

What is your experience in family law? Look for a lawyer with expertise in the area specific to your needs (e.g., children’s matters, property settlements, high net worth assets/complex business interests).
How do you typically approach cases like mine? This gives insight into the lawyer’s strategy and whether it aligns with your desired outcome. How your family law matter is managed can impact future relationships with your children and ex-partner. Many family lawyers will foster alternative dispute resolution processes to minimise the added emotional and financial stress that litigious court cases can bring. Depending on your circumstances, negotiation and mediation can be vital in helping preserve relationships and minimise costs.
What are the likely costs involved? It is important to understand the law firm’s fee structure, billing methods, and potential disbursements, including when payment of fees is expected. You may need to pay some money up-front and/or you may be able to negotiate a payment plan or pay at the end of your matter.
What are the possible outcomes of my case? While no lawyer can guarantee a specific result, they may be able to provide a realistic assessment based on their experience and your circumstances.
How will you communicate with me throughout the process? Establish clear expectations for communication and updates.
What is the estimated timeframe for resolving my case? While timelines can vary, getting an estimated range helps you prepare.

What to Bring to the First Meeting

To make the most of your first meeting, it is helpful to bring relevant documents such as:

Marriage certificate (if applicable)
Prenuptial or cohabitation agreements (if any)
Details of your assets and liabilities (bank statements, property valuations, superannuation statements, mortgage and loan repayments, etc.)
Details of your income and expenses (payslips, tax returns, insurances, utilities, rates, etc.)
Any relevant correspondence or court documents (if proceedings have already commenced or if there are other relevant court proceedings, past or present)
A timeline of events (this can be particularly helpful in parenting disputes)

Having this information available enables your lawyer to gain a comprehensive understanding of your situation and provide more tailored advice.

Understanding the Lawyer’s Fees and Costs

Protracted family law matters can be expensive. It is essential to have a clear understanding of the lawyer’s fees and how they are structured.

Hourly rates: Most family lawyers charge an hourly rate. This rate can vary depending on the lawyer’s experience and the complexity of your case.
Fixed fees: Some lawyers may offer fixed fees for specific services, such as drafting a parenting plan, preparing an application for consent orders, or representing you at a mediation.
Disbursements: These are out-of-pocket expenses incurred by the lawyer on your behalf, such as court filing fees, expert witness fees, and process server costs.

Don’t be afraid to discuss fees openly with your lawyer. Ask for a written cost agreement outlining the billing arrangements and providing an estimate of the total costs involved.

Next Steps After the First Meeting

After the initial consultation, you will likely have a clearer picture of your legal situation and the options available. Here are some potential next steps:

Gather further information: Additional documents or information may be requested so your lawyer can provide more specific advice.
Negotiate with the other party: Your lawyer may initiate negotiations with your ex-partner or their legal representative to try and reach an amicable agreement.
Attend mediation: If negotiations are unsuccessful, attending mediation with a qualified family dispute resolution practitioner may be recommended.
Commence court proceedings: If all other avenues have been exhausted, your lawyer may advise you to commence court proceedings.

Moving Forward

Getting help from a family lawyer is an important step in navigating the legal process of separation and divorce. Your first meeting is a chance to assess whether you and your lawyer are the right fit and to gain insight into what to expect and how your matter will proceed. Your lawyer is there to guide you through the process and advocate for your best interests, so it is important to maintain open communication and keep them informed of any developments in your situation. Seeking legal advice early is crucial for protecting your rights and achieving the best possible outcome for you and your family.

If you or someone you know wants more information or needs help or advice, please contact us on (08) 8155 5322 or email [email protected].

An Executor’s Guide: What to Do When a Loved One Dies

Being an executor is a big responsibility, especially while dealing with the loss of a loved one. An executor is the person named in a Will to manage a deceased person’s estate (property, finances, etc.) and carry out their final wishes. The role entails important legal and administrative tasks, which can be even more challenging when you’re grieving.

Below is an overview of an executor’s role in dealing with a deceased estate. The information is general only and does not constitute legal advice. If you’ve been appointed an executor or can’t find a family member’s Will after their passing, an estate lawyer can provide the advice and guidance you need.

Step 1: The First Few Days

Your immediate priority is to handle the practical matters of the death.

Obtain the Death Certificate: You will need to obtain the Death Certificate from the registry of Births, Deaths and Marriages in the relevant state/territory (or from the informant – the person who advises the authority of the death).

Locate the Will: You will need to locate the deceased person’s original Will, which will provide instructions and guide your actions as executor. It will name you as the executor and detail how the estate should be distributed.

Arrange the funeral: Some Wills contain specific instructions for funeral arrangements. If so, you are responsible for carrying them out. It is also common for the deceased’s family members to be involved in the funeral arrangements. Funeral costs are typically paid from the estate.

Secure the assets: As executor, you will need to protect the assets of the estate. This could mean securing the deceased’s home, ensuring valuables are safe, and making sure any vehicles or other assets are insured.

Notify key people: The beneficiaries named in the Will, as well as family members and any close business associates, should be notified of the death.

Step 2: The Formal Administration Process

The formal administration of the estate typically begins sometime after the funeral and initial shock passes.

Gather information about assets and liabilities: You need to get a clear picture of the deceased’s financial situation at the time of their death. This involves identifying all assets (e.g., bank accounts, shares, property, superannuation) and liabilities (e.g., credit card debt, loans, mortgages).
Apply for a Grant of Probate: A Grant of Probate is a legal document issued by the Supreme Court. It confirms the Will is valid and officially authorises you to act as the executor. Generally, a Grant of Probate is needed to deal with significant assets like real estate or substantial bank accounts.

Applying for probate involves filing the original Will, a death certificate, and a statement detailing the estate’s assets and liabilities. Specific forms and procedures apply in different jurisdictions across Australia, and it’s important to get this right to avoid delays. An estate lawyer can advise if probate is required and prepare the application for filing with the court.

Advertise for creditors: It may be required or recommended to place a public notice in a local newspaper and the Government Gazette to allow creditors to claim against the estate. This important step can help protect you from personal liability should an unknown debt surface after you have distributed the estate. A lawyer can assist with this.

Step 3: Paying Debts and Distributing the Estate

With the Grant of Probate in hand, you have the legal authority to manage the estate.

Pay all debts: Before you can distribute any assets to the beneficiaries, you must pay all the estate’s legitimate debts. This includes funeral expenses, outstanding taxes, and any other liabilities. Be careful here – if you distribute the estate before all debts are paid, you could be personally liable for any remaining amounts.

Attend to tax matters: You may need to lodge a final tax return for the deceased and a tax return for the estate itself if it earned income during the administration period. It is wise to obtain a tax clearance from the Australian Taxation Office (ATO) before making a final distribution.

Transfer assets: Once all debts and taxes are paid, you can begin the process of transferring assets to the beneficiaries as per the Will. This might involve transferring property titles with the relevant state/territory titling authority, dealing with banks, or selling assets and distributing the proceeds.

Keep a record of everything: As an executor, you must keep clear and accurate financial records. This includes every transaction, from funeral costs to the final distribution of assets. Beneficiaries are entitled to an account of how the estate was administered.

Timeframes and Professional Advice

The administration of a deceased estate can take considerable time. A straightforward estate might take 6-12 months, but if there are disputes, complex assets, or challenges to the Will, the process can take longer.

The role of an executor is a position of great responsibility. You are legally and financially accountable for your actions. While it is possible to handle the process yourself, seeking professional advice is often the best way to ensure you fulfil your duties correctly, protect yourself from personal liability, and avoid potential disputes. A lawyer can guide you through the complexities of probate and estate administration, providing invaluable support during a difficult time.

If you or someone you know wants more information or needs help or advice, please contact us on (08) 8155 5322 or email [email protected].