When assisting tenants in the
negotiation of a new lease for commercial or retail premises we strongly urge
tenants to arrange a physical inspection of the premises by a qualified
inspector before entering into the Lease.
The inspection should cover the building
structure including power and plumbing systems, air conditioning and other
installations. The resolution of problems identified in the inspection report
can then be negotiated with the landlord and form part of the written terms of
the Lease.
In some instances we have seen tenants not follow our advice, only
to find that after the Lease is signed the tenant is deemed to have accepted
the premises in their current condition, including problems (i.e. they are
deemed to have accepted the premises “as is”). This can be a costly issue for tenants as in
most instances Leases require tenants to bear the costs of maintenance and
repair of the premises including such problems. We can assist tenants with the
negotiation of Letters of Offer, Head of Agreement, Agreements for Lease and
Lease documents.
