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Property Law1 October 20248 min read

Commercial Leases for Medical Practices: Essential Considerations

Choosing the right premises is important for a healthcare business. Understand the key terms to negotiate in a commercial lease.

Lukasz Wyszynski

Principal Solicitor

Your premises significantly affect how a healthcare business operates. Understanding commercial lease terms before signing is important.

Key Lease Terms

Rent and Outgoings

Understand what you are paying for:

  • Base rent calculations
  • Outgoings and recovery methods
  • Rent review mechanisms
  • Market rent disputes

Term and Options

Secure your location:

  • Initial lease term
  • Option periods
  • Option exercise requirements
  • Assignment and subletting rights

Permitted Use

Ensure your activities are covered:

  • Specific healthcare use permissions
  • Ancillary services (pathology, pharmacy)
  • Hours of operation
  • Signage rights

Fitout Considerations

Initial Works

Plan your establishment:

  • Landlord contributions
  • Approval requirements
  • Building code compliance
  • Access for works

End of Lease

Understand your obligations:

  • Make-good requirements
  • Removal of fixtures
  • Reinstatement costs
  • Negotiating variations

Retail Lease Protections

If the lease is a retail lease under the relevant state or territory Act, additional protections may apply. These commonly include disclosure requirements, limits on certain outgoings, rent-review rules, and dispute-resolution options. Whether a healthcare tenancy is a “retail” lease is a question of the applicable statute and the facts — for example, in South Australia the Retail and Commercial Leases Act 1995 (SA) is the starting point. Confirm the current Act, regulations and rent-threshold in your jurisdiction.

Conclusion

A well-negotiated lease protects your investment and provides security for the business. Obtain legal advice before signing.

Disclaimer: General Information Only. This article provides general information only and is not legal advice. Seek advice about your circumstances before acting.

Disclaimer: General Information Only. This article provides general information only and does not constitute legal or tax advice. For advice specific to your circumstances, please contact Hamilton Bailey.

commercial leasepropertymedical premisesreal estate
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