LAW4569 · Commercial leases

Overview

This unit introduces you to the law and practice of leasing in commercial contexts, including both commercial and retail leases. You will develop an understanding of the legal principles governing the creation, structure and negotiation of leases in practice, including agreements for lease and the grant of formal leases in complex commercial transactions. You will analyse the ongoing operation of leases, including renewal and continuation mechanisms such as options to renew and rights of first refusal. Key commercial lease terms are examined, with particular attention to the most contested provisions such as rental obligations, rent review mechanisms and lease renewal, and the legal and practical factors influencing lease negotiations over time. A major focus of the unit is retail leasing within its legislative and regulatory framework. You will gain an understanding of the policy objectives, scope and operation of retail leasing legislation, including the definition and classification of retail premises. Through analysis of statutory provisions and relevant case law, you will evaluate the limitations and restrictions imposed on retail leases and the legal and commercial consequences of a lease being classified as a retail lease. Overall, the unit provides you with practical, applied knowledge of leasing law in modern commercial environments, equipping you with skills directly relevant to legal practice in property and commercial law.

Offerings

The Handbook publishes no offerings for this unit.

Assessment

The Handbook lists an examination for this unit.

Assessment details may change. Please refer to the assessment information in Moodle closer to the start of the teaching period.

Requisites

Learning outcomes

1. Identify facts that give rise to legal issues in the context of commercial leases.
2. Critically assess policies and principles, including regulatory strategies, to promote a fair and efficient commercial leasing.
3. Provide practical, considered and commercially relevant legal advice in relation to a range of legal issues related to commercial leases.
4. Apply intellectual and practical skills to interpret, synthesise and apply legislative provisions and case law relating to commercial leases.
5. Communicate in ways that are effective, appropriate and persuasive.
6. Evaluate the role of law in regulating and facilitating commercial leases.

Workload

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

Student experience, not official rules. Nothing here changes what the Handbook says.