NSW Renewing a commercial lease

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2 November 2018
Hi Guys I am sorry if this isn't the correct category for my question and if not let me know and i will re-post it in another thread.

I am leasing a commercial premises and my lease expired 18 months ago and I have been on a month to month lease since.

The reason for not renewing the lease originally was:
The space I lease is on the ground floor of a large 2 storey block, the ground floor is split into 2 parts (1) being the space I occupy and (2) being a parking garage for the people who lease the office space above.
18 months ago when my lease expired I enquired as to if I could increase the space that I am occupying into the parking garage by knocking down a wall to open up the space.

Because my lease is a commercial one it costs me $1400 to re-write the lease and my real estate has been trying to negotiate a deal so I can have more space.
In short it has takes 18 months to get to this point and i (as a small business owner) can't afford to pay $1400 every time something needs to be done to my lease.

Anyway the point of my query is as follows:
Because I have been on lease for 18 months and am now starting a new lease (in the same location) but occupying a larger space and also having to renovate for more space does this mean that I am entitled to an additional rent free period?

Thanks guys

Rob Legat - SBPL

LawTap Verified
16 February 2017
Gold Coast, Queensland
No, unless there’s something specific in NSW law which I’m not aware of, you’re not entitled to any rent free period. It’s solely up to the landlord.

James D. Ford - Solicitor

Well-Known Member
LawTap Verified
Hi noqmaster

As you would be signing a new lease, all terms are up for renegotiation, including whether there is a rent-free period, and who pays for the improvements, etc. as well
as all other terms such as rent payable, term, options, etc.

I agree with Rod that there is no legal right in NSW that would entitle you "as of right" to any rent-free period.