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Commercial Leases in South Australia

Commercial leases in South Australia are leases entered into with respect to commercial premises such as retail shops and office buildings.  They are interests granted by one party, the landlord, to another, the tenant.  Across the Australian States and Territories, the terms of commercial leases are generally not regulated by statute but by the common law.  This means that the parties to a commercial lease have a lot of scope to decide the terms of the lease themselves.

In South Australia, some leases relating to retail shops are also subject to the rules contained in the Retail and Commercial Leases Act 1995.  Additional rules affecting commercial leases are contained in the Real Property Act 1886.

Be aware of a “ratchet clause” that stops any rent decrease on market review.
Author

Michelle Makela

Michelle Makela is one of our Legal Practice Directors and the National Practice Manager. She holds a Bachelor of Laws, a Bachelor of Science (Psychology) and a Master’s in Criminology. Michelle has had a varied career, working in commercial litigation, criminal law, family law and estate planning. Michelle joined Go To Court Lawyers in 2011. She now supervises a team of over 80 solicitors across Australia.

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