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ARTICLE · 01 MARCH 2017

The perfect space, but is it the perfect lease?

It may be the perfect space to lease for your business, but it may involve taking over the lease from an existing tenant.

AustraliaReal Estate and Construction
Bruno Confalone (Formerly With Bartier Perry)
Bruno Confalone (Formerly With Bartier Perry)
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So you've found the perfect space to lease for your business but it involves taking over the lease from an existing tenant. What are some things you should consider before signing the lease?

The agent procuring the deal has probably told you to just sign the lease. It's not like you can change anything in there anyway, right? Wrong!

The agent may be correct in that it is unlikely the landlord will agree to any amendments to the lease given that they struck the deal at an earlier time with the existing tenant, and it is unlikely that they would want to disrupt the status quo. However, you will never know unless you ask. Ask the agent whether you can put forward a proposal to the landlord seeking a different commercial deal, or a variation of the terms of the lease. It may be that if the landlord is receiving a benefit from this, they may in fact agree to the changes you are seeking. So, for example, if you want to seek to change the make-good obligations at the

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