NSW Renewing a commercial lease

[noqmaster]

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]

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]

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.

Cheers,

James