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ARTICLE · 14 DECEMBER 2016

What's in a term? Points to consider when negotiating your lease

When negotiating a lease, you should consider the length of the lease, as ramifications can arise regarding the term.

AustraliaReal Estate and Construction

Assisted By Holly Pitt

An important concept to consider when negotiating a lease is the length of your term as ramifications can arise in regards to the term of lease - including how the term can affect the value of your business, particularly when goodwill is driven by location.

Sometimes, depending on who the landlord is, it may be difficult to get the term length that you desire. Some landlords may have a maximum term while other landlords have a policy of not agreeing to options to renew. You should consider the impact of this on the viability of your business.

It is also important to consider the commencement date of your lease. For instance, if the commencement date coincides with a slowdown in the business cycle, you may struggle to establish your business. You should also take into account other factors which may affect commencement: whether or not you have received all relevant approvals, if the fitout has been fully completed and when trading can

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