Commercial property is an essential factor in supporting businesses, organisations and entrepreneurs in executing their chain of operations and profit-generating activities. Under the local council planning scheme, they are treated differently from residential property in terms of GST, stamp duty and land tax rules.
Settlement of zoning compliance, transfer of ownership, eviction, building and leasing approval with respect to office, industrial buildings and retail spaces fall under the duties of commercial property lawyers Perth.
The term commercial tenant in Perth is defined as someone who occupies non-residential premises under a lease or license and pays rent to the landlord for the right to use the property to carry out a trade, profession, service or industrial activity.
The lease contract of a commercial property depends heavily on the negotiation between the landlord and the tenant, and seeking the assistance of commercial property law firms is advised to draft the written documents with clarity.
A landlord can seek forfeiture or termination of the lease and recovery of possession only under a reasonable clause. Some of the reasons and clauses in this regard are:
These are some of the legitimate grounds for filing an eviction. In some cases, the application of multiple causes is possible, and for further efficiency, a lawyer for commercial property should be consulted.
The commercial eviction laws WA governing the lease contracts are the Property Law Act 1969, Transfer of Land Act 1893, the Common Law and the State Administrative Tribunal Act 2004. These laws protect the interests of both the landlord and the tenant to ensure a fair trial on equal grounds.
In case the tenant runs a retail business, such as a cafe or salon, and the property is located in a shopping centre, the Commercial Tenancy (Retail Shops) Agreement Act 1985 is also applied. It is primarily aimed to protect small business owners from unfair lease terms with hidden costs, proper exchange of information before signing of contracts and dispute resolution.
The cases related to the Retail Shops Act are first submitted to a special court created under the State Administrative Tribunal Act 2004 that provides a faster and less formal alternative to a traditional court.
If the case is outside the jurisdiction of SAT or a question of law is raised, judgment is passed in a Western Australian Court, by adhering to the Common law, which is developed through court decisions and prior history of previous similar case outcomes, rather than following statutes or specific legislation. Since it is dependent on a series of precedents, an accurate representation of terms is necessary, which is done by a commercial property solicitor Perth.
Before approaching property settlement lawyers Perth, landlords will issue a formal notice of breach, which must be in writing, clearly stating the nature and offering the necessary remedy to fix it. A stipulated time period is given to solve this breach, enabling the tenant to continue its business operations while looking for suitable alternatives.
If the eviction is successful, the landlord may pursue additional tenant liabilities of unpaid rent, the cost of repair in case of structural damage and make good obligations.
Navigating an eviction process on a commercial property is a delicate procedure, and one should seek the help of the best property settlement lawyers, WA to present their case in the respective court effectively. From drafting your grievance to providing customised benefits in every aspect of legal law, having a capable commercial lawyer by your side ensures a smooth processing of the eviction.