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Industrial and semi-industrial property leases

Explore essential guidance on industrial and semi-industrial property leases, focusing on critical legal considerations unique to these premises. This guidance note addresses the complexities that arise when leasing parts of larger industrial estates, highlighting crucial aspects that practitioners and tenants must evaluate before finalizing agreements.

Topics Covered

  • Leases in strata or community title schemes
  • Need to ensure access
  • Using loading docks and car parking spaces not inside a building
  • Environmental liability
  • Hardstand/concrete floors

Critical Elements

  • Evaluate rights and restrictions concerning access roads within industrial estates to prevent operational disruptions.
  • Consider the legal nuances around shared loading docks and parking facilities without formal tenant agreements.
  • Understand tenant environmental liabilities, including chemical storage and potential audit obligations under Australian Standards.
  • Review lease clauses on the maintenance and repair responsibilities for concrete floors and hardstand areas.
  • Identify risks related to estate rules enforcement and landlord’s powers that may affect tenant rights.

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