Property & Leasing Law

Property Law

Property Lawyers Perth: Buying or selling a property, building a new home, planning a subdivision or developing or leasing commercial premises – we understand the many legal issues and risks that can arise.

Our clients include property developers, real estate agents, shopping centre owners and surveyors.

Our property lawyers have experience in a wide range of property transactions and can assist in the following areas:

Our property lawyers do not provide conveyancing services, however we have a strong working relationship with One Stop Settlements who can assist you with your conveyancing matters.

Examples of recent work by our property lawyers Perth:

Leasing

Commercial leasing and residential leasing: Our leasing lawyers have expertise in all aspects of leasing and act for both landlords and tenants in preparing and negotiating leases, enforcing lease terms and conditions and representing clients in lease disputes.

We have considerable experience in retail shop leasing. On 1 January 2013 the amendments to the Commercial Tenancy (Retail Shops) Agreements Act 1985 (WA) (the Act) and the Commercial Tenancy (Retail Shops) Agreements Regulations 1985 (the Regulations) came into effect. The amendments to the Act follow an extensive review of commercial tenancy law in Western Australia and seek to increase disclosure requirements for landlords and to enhance security of tenure for, and the negotiating power of, tenants.

Key amendments to the Act and Regulations include:

It is important that landlords are aware of, and comply with, the Act including the amendments. If a retail shop lease does not comply with the Act there is a risk that the provisions of the lease will be considered void.

Examples of recent work by our leasing lawyers Perth:

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The SAT – reluctant interstate traveller

7th September 2018

Since its inauguration in 2005, the jurisdiction of the State Administrative Tribunal in Western Australia (SAT) has expanded exponentially to include more than 154 pieces of statutory legislation. The appeal of the SAT as a less complex, more informal, less procedurally stringent and expedited manner of dispute resolution has gained momentum and traction among the... read more

Planning approval conditions – are they valid?

24th August 2018

The recent decision of Deputy President, Judge Parry, of the State Administrative Tribunal in Prosser v City of Bunbury [2018] WASAT 41 reminds us of the importance for developers to scrutinise the planning approval conditions imposed, as one or more of the conditions may be unlawful. Local Government may impose various types of planning approval... read more

Riaan Piek

26th March 2018

Introducing Riaan Piek, Litigation Counsel, who recently joined the firm to bolster Fletcher Law’s expanding litigation capacity with his 20 years’ experience as a lawyer advising on risk and the prevention, minimisation, control, balance and management of its consequences. Whilst Riaan has been a commercial litigator for most of his professional life, he has a... read more