13. SUITABILITY OF PREMISES

  • The Tenant must satisfy itself that the structure of the premises is suitable and adequate for its intended use.
  • We are aware of leased premises not being sufficiently strong to cope with the weight of goods or equipment used on the premises.  The consequences of damage to the premises and/or the premises being unable to be used by the tenant can lead to expensive court proceedings to resolve the dispute.

14. WILL YOU HAVE BUSINESS COMPETITORS?

  • Where the Lease does not contain a clause stating that the Tenant shall have the exclusive right to conduct the permitted use within the complex, even where there is no similar competing business when you sign the Lease, this situation may change in the future, regardless of any statements that may have been made to you.
  • Therefore, if you do not want competitors, negotiate with the Landlord and ensure a clause is inserted in the Lease.

15. SIGNAGE

  • Where signage is an important aspect of the success of your business (which is usually the case for retail businesses), then this issue requires more careful consideration than you might initially anticipate.
  • Prior to signing the Lease, provide the Landlord with detailed description and drawings of all proposed signage to the premises and obtain the written consent of the Landlord to these signage plans.
  • The Tenant should also obtain the written approval of the local authority to all proposed signage prior to signing the Lease.  There have been court proceedings commenced by local authorities against tenants where the tenant had not obtained prior approval for signage.

16. CAN THE LANDLORD RELOCATE YOU?

  • Where the Lease contains a clause permitting the Landlord to relocate the Tenant’s lease, the impact can be substantial and devastating to a business.
  • The clause should be deleted and where the Landlord refuses, the Tenant must carefully consider its possible application to their circumstances.
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